HomeMy WebLinkAboutMinutes-09/04/2001• •
September 4, 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, September 4, 2001. Mayor John R.
Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry.
Invocation by: Reverend Thomas Wegener, Faith Lutheran Church (Missouri Synod).
Pledge of Allegiance: Councilperson Jerry Anders.
115809 - Jordan/Krizek
that the Agenda, as proposed, for the Regular Session on Tuesday, September 4,
2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
115810 - Murphy/Gronen
that the Minutes, as proposed, for the Regular Session on Monday, August 27,
2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried.
ASSESSMENT HEARING
115811 - Krizek/Jordan
that proof of publication of notice of public hearing on F.Y. 2001 Sidewalk
Repair Assessment Program—Zone 1, Contract No. 633, as published in the
Waterloo Courier on August 16, 2001, and August 23, 2001, be received and
placed on file. Ayes: Seven. Motion carried.
115812 - This being the time and place of public
and oral objections and there were none.
Jordan/Murphy
hearing, the Mayor called for written
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
115813 - Murphy/Getty
that "Resolution to adopt Proposed Resolution of Necessity", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-480.
HEARINGS AND BIDS
115814 - Berry/Jordan
that proof of publication of notice of public hearing on F.Y. 2001 Sidewalk
Repair Assessment Program—Zone 1, Contract No. 633, as published in the
Waterloo Courier on August 22, 2001, be received and placed on file. Ayes:
Seven. Motion carried.
115815 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Krizek
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
115816 - Getty/Anders
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2001 Sidewalk Repair Assessment
Program—Zone 1, Contract No. 633", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-481.
115817 - Murphy/Gronen
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-482.
September 4, 2001 Page 2
HEARINGS AND BIDS CONTINUED
115818 - Krizek/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder Bid Bond Total Bid
Borwig Building Services, Inc., Waterloo, IA 5% $76,587.53
Bowers Masonry, Inc., Waterloo, IA 5% $87,956.08
Cedar Falls Construction Co., Inc., Cedar Falls, IA 5% $114,957.69
Ayes: Seven. Motion carried.
HEARINGS
115819 - Anders/Jordan
that proof of publication of notice of public hearing on request of Nicklos and
Leandra Andersen to vacate, sell and convey a portion of the alley generally
located behind property at 915 West 4th Street for $100.00 to allow resurfacing
of parking area, as published in the Waterloo Courier on August 22, 2001, be
received and placed on file. Ayes: Seven. Motion carried.
115820 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/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.
115821 - Jordan/Krizek
that "an Ordinance vacating a portion of the alley generally located behind
property at 915 West 4th Street", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
115822 - Murphy/Gronen
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115823 - Anders/Murphy
that "an Ordinance vacating a portion of the alley generally located behind
property at 915 West 4th Street", be considered and passed for the second and
third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4506.
115824 - Krizek/Getty
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. 2001-483.
115825 - Krizek/Murphy
that proof of publication of notice of public hearing on request of Short's
Travel to rezone from "R-3" Residence District to "R-4" Multiple Residence
District property generally located at the southwest corner of Dixon Drive and
Russell Road to allow for a stand-alone parking lot, as published in the
Waterloo Courier on August 22, 2001, be received and placed on file. Ayes:
Seven. Motion carried.
115826 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Jordan
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.
• •
September 4, 2001
• •
HEARINGS CONTINUED
115827 - Jordan/Anders
Page 3
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 328 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes:, Seven. Motion carried.
115828 - Murphy/Gronen
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115829 - Jordan/Anders
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 328 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4507.
115830 - Anders/Krizek
that proof of publication of notice of public hearing on amendments to
Ordinance No. 2479, Zoning Ordinance, as amended, to amend Part III, 2A-3(47)
and (48) and Part V, 2A -7,C-1 and C-2 as it pertains to the height of fences in
front of houses, as published in the Waterloo Courier on August 22, 2001, be
received and placed on file. Ayes: Seven. Motion carried.
115831 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Krizek/Jordan
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.
115832 - Jordan/Gronen
that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended,
to amend Part III, 2A-3(47) and (48) and Part V, 2A -7,C-1 and C-2 as it pertains
to the height of fences in front of houses", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
115833 - Jordan/Murphy
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115834 - Gronen/Getty
that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended,
to amend Part III, 2A-3(47) and (48) and Part V, 2A -7,C-1 and C-2 as it pertains
to the height of fences in front of houses", be considered and passed for the
second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4508.
115835 - Anders/Jordan
that proof of publication of notice of public hearing on request of Scott
Buchan to rezone from "R-2" One and Two Family Residence District to "R -2,C -Z"
Conditional One and Two Family Residence District property generally located at
903 Wisconsin Street to allow for an automotive audio and accessory
installation operation, as published in the Waterloo Courier on August 22,
2001, be received and placed on file. Ayes: Seven. Motion carried.
September 4, 2001 Page 4
HEARINGS CONTINUED
115836 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
City Clerk Nancy Eckert reported that the request has received petitions of
opposition from more than 50 percent of the surrounding neighbors. Mayor Rooff
stated that the petitioners live on Wisconsin, Liberty Avenue, Dena Street,
Glenny Avenue, Byron Avenue, and Liberty Street, and that a letter of
opposition was submitted from Michelle Tschida, 902 Wisconsin Street.
Jordan/Murphy
that petitions of opposition be received and placed on file. Ayes: Seven.
Motion carried.
115837 - Scott Buchan, 903 Wisconsin Street, stated that he is requesting a temporary
rezoning. Mr. Buchan stated that some of the opposition is due to concern for
the amount of traffic generated with his business; however, in his defense the
amount of traffic is irrelevant due to the number of vehicles at his home
daily. There are six members in his family and each has a vehicle, and he has
two. Mr. Buchan stated that last Sunday he counted ten vehicles at a family
gathering. Mr. Buchan stated that the noise is no more than the sound of
starting vehicles and car doors, which are normal things in a regular
residential neighborhood. Mr. Buchan stated he feels the noise from the
stereos from street traffic is more substantial than noise from his garage and
other residents.
Don Temeyer, City Planner stated that the Planning, Programming and Zoning
Commission looked at the comments from residents, with opposition from over 50
percent of the surrounding neighbors. Mr. Temeyer stated that in the past the
city has received complaints because of the noise. Mr. Temeyer stated that the
Planning, Programming and Zoning Commission recommended denial because the
proposed development would not be compatible with the surrounding residential
neighborhood and because of the amount of opposition from neighbors.
Mr. Buchan reported that he installs boom boxes, keyless entry, alarm systems,
auto start, interior and exterior lights and interior items. Mr. Buchan stated
that he works on his own vehicles and, occasionally, friends' vehicles, but he
does not run an actual business at his residence at this time. The people
driving up and down the street is a concern of neighbors, which he has no
control. Mr. Buchan commented that his friends all know to turn their stereos
off when they drive down his block. Mr. Buchan stated he is asking for a
temporary rezoning for initial start-up of the business because he will not
have the capital overhead using his garage for his business, which will allow
him to save so he can move into an actual business building.
Ray Riley, 828 Wisconsin Street, stated that this problem has been going on
since at least 1993 when Mr. Buchan moved into the neighborhood. Mr. Riley
stated that there are disturbances in the neighborhood at all hours, it is a
never-ending thing. Mr. Riley stated that this has not stopped since Mr.
Buchan moved into 903 Wisconsin, and the neighbors are fed up.
Jason Krizek, 719 Wisconsin Street, stated that there are stereos in every
neighborhood. Mr. Krizek stated he has lived in the neighborhood since last
January and he does not believe it is friends who drive by. Mr. Krizek stated
that Mr. Buchan takes his business to other locations to make adjustments such
as the stereos. Mr. Krizek stated he believes the traffic will be there
regardless if the property is rezoned or not, and that only 5 percent of the
traffic is from Mr. Buchan's business. Mr. Krizek stated he was never asked to
sign a petition, and that three immediate families to Mr. Buchan's property
asked what was going on.
Getty/Berry
that the hearing be closed and recommendation of denial of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Seven. Motion carried.
115838 - Jordan/Getty
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 93 to Section 2A -7N, Conditional Zoning
Certain Property", be denied. Ayes: Seven. Motion carried.
• •
September 4, 2001
PETITIONS FROM PUBLIC
115839 - Gronen/Jordan
Page 5
that communication from City Engineer transmitting request of Shawn Kibe for a
waiver for an asphalt driveway to be located at 1113 Bauch 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. 2001-484.
115840 - Gronen/Jordan
that communication from City Engineer transmitting request of Comprehensive
Systems, Inc., for a waiver for a concrete driveway to be located at 2266
Country Lane, 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. 2001-485.
115841 - Gronen/Jordan
that communication from Assistant City Planner transmitting request of Schenk
Engineering on behalf of Equitable Life Insurance for a site plan amendment to
the "S-1" Shopping Center Commercial District for property generally located
just southwest of Penneys Street and Crossroads Boulevard intersection for
development of a new restaurant be received, placed on file and "Resolution
setting date of hearing as September 17, 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. 2001-486.
DOCUMENTS
115842 - Berry/Jordan
that communication from Chief of Police transmitting agreement with the Iowa
Department of Public Safety, Governor's Traffic Safety Bureau, for traffic
safety funds in the amount of $17,500.00 for overtime for traffic enforcement,
training, related travel, educational materials and one in -car video system 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. 2001-487.
115843 - Berry/Jordan
that communication from City Planner transmitting an Agreement with Howard R.
Green Consulting Engineers at a cost of $3,800.00 to prepare an Iowa Department
of Economic Development Brownfields Redevelopment Program application for a
grant in the amount of $500,000.00 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. 2001-488.
115844 - Berry/Jordan
that communication from Associate Planner transmitting application for Timothy
D. Chilicote for tax exemptions on improvements totaling $50,000.00 for
property located at 739 Newton Street 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-489.
115845 - Berry/Jordan
that communication from Assistant City Planner transmitting Preliminary Plat of
South Fork Estates First Addition, together with Engineering Department review
and staff report, be received, placed on file and "Resolution approving said
Preliminary Plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-490.
September 4, 2001
DOCUMENTS CONTINUED
115846 - Berry/Jordan
Page 6
that communication from City Planner transmitting U.S. Department of Housing
and Urban Qevelopment (HUD) Public Housing Assessment System Certification
(PHAS) for Ridgeway Towers Senior Citizen Apartments and FSS Family Public
Housing for the fiscal year ending June 30, 2001, be received, placed on file
and "Resolution approving said certification", be adopted and Mayor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-491.
ORDINANCES TO BE ADOPTED
115847 - Mike Cook, a member of the City View Neighborhood Association, stated that the
neighborhoods have been told that opening of Martin Luther King Jr. Drive was
going to help with the truck traffic, but that has not happened. Mr. Cook
stated that within a six hour period he counted 250 trucks. Mr. Cook stated
that the neighbors would like to come up with a win/win situation for trucking
firms and the residents. Mr. Cook stated that safety is a paramount issue, and
with the new school replacing Grant School all the kids will be attending the
new school and will have to cross Newell Street. Mr. Cook stated the trucks
are causing damage to the homes. Mr. Cook reviewed a map of the neighborhood
associations involved in the targeted area, which includes seven or eight
neighborhood associations. Mr. Cook commented that the neighborhoods know they
have to work with the trucking firms to come up with a solution.
Ann Olsson, 1972 Newell Street, stated that the residents of Newell and Conger
consider this a very serious problem. Ms. Olsson submitted a petition with 217
signatures requesting the city to embargo trucks on Conger Street from River
Road to Highway 63 and on Newell Street from Highway 63 to Northeast Drive.
Ms. Olsson reported that nearly 100 percent of Newell Street residents have
signed the petition.
Brenda Bowers, 1977 Newell Street, presented two alternate routes for the
trucks. Westbound traffic would turn on Northeast Drive, pick up Martin Luther
King Jr. Drive, approach Franklin Street, right on East Mullan Avenue and south
to Westfield. Eastbound traffic would pick up Washington Street, and then turn
north on 6th Street to Martin Luther King Jr. Drive.
Ann Olsson, 1972 Newell Street, reviewed the history of truck traffic on Newell
Street. When John Deere moved to the Northeast site, the highway was paved,
and the residents were told by Planning and Zoning that Newell Street would not
become a main street for trucks. Ms. Olsson reviewed articles written in the
Waterloo Courier from May 29, 1991 to August 14, 2001 where the council
discussed a possible Newell Street truck embargo. Ms. Olsson thanked the
trucking companies for pulling the trucks off Newell Street as it has been
blessed quiet.
Mayor Rooff stated that obviously we have had five administrations that thought
the answer was Martin Luther King, and we have tried but that has not happened.
Mayor Rooff stated that he believes everyone is willing to sit down and talk
this through, and that a meeting will be held on September 11 with residents
and the trucking firms. Mayor Rooff stated he would like the residents and
trucking companies to work out a solution before the embargo returns to council
members.
Councilperson Berry thanked the neighborhood associations and trucking
companies. Councilperson Berry stated this has been an ongoing problem, and we
need to come to closure. Councilperson Berry thanked everyone for their
willingness to talk, and that no one wants to hurt the business community.
Jordan/Murphy
that the petition requesting a truck embargo on Newell and Conger Streets be
received and placed on file. Ayes: Seven. Motion carried.
115848 - Berry/Getty
that "an Ordinance amending the 2000 Traffic Code by adding Subsections (15a)
Conger Street and (40a) Newell Street to Section 582, Truck Traffic Prohibited
on Certain Streets (embargo trucks on Conger Street from River Road to Highway
63 and on Newell Street from Highway 63 to Elk Run Road)", be tabled. Ayes:
Seven. Motion carried.
115849 - Ed Hutchens, 915 Broadway Street, stated that he disagrees with the ordinance,
and he does not believe state law would prevent him, as a private individual,
from getting a fireworks permit. Mr. Hutchens stated he feels he should have a
chance to get a permit if he wants to put on a show.
• •
September 4, 2001
• •
ORDINANCES TO BE ADOPTED CONTINUED
Page 7
Ned DeBerg, Acting Fire Chief, stated that the only legal fireworks are caps,
snakes and sparklers per state law. Everything else is considered illegal
unless you have a pyro-technician license. Chief DeBerg stated that if a
person has a pyro-technician license someone could hire him/her to put on a
show. Chief DeBerg commented that $5 million is not a lot of insurance if
something should happen, if a building would burn down or someone is killed.
City Clerk Nancy Eckert reported that over the past two years J & M Displays,
Inc. is the only company that has applied for a fireworks display permit
through the city, except for the fireworks display at the Super Target opening.
Ms. Eckert stated she spoke with a J & M Displays representative today, and
they informed her that they carry a $10 million certificate of insurance. J &
M Displays, Inc. informed Ms. Eckert the proposed $5 million requirement would
not increase their fees for a fireworks display as they already have the $10
million certificate of insurance.
Mayor Rooff stated that citizens believe it is just another cost to the
citizen.
Jim Walsh, City Attorney, stated that if underlying is under $5 million
companies would have to purchase additional insurance.
Councilperson Berry stated she sees no reason not to move forward with the
ordinance. Councilperson Jordan stated he has concerns, and he would like to
see what state law requires for insurance for fireworks displays.
Councilperson Gronen stated that we have to zero in trying to protect the
people of Waterloo, both in terms of safety and financially. Councilperson
Gronen stated if no liability insurance is required, the city could be liable
for any damage caused by the fireworks display.
Anders/Murphy
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection B, Permits, of Section 9-2C-4,
Fireworks, of Article C, Explosives and Fireworks, of Chapter 2, Fire
Prevention and Protection, of Title 9, Building Regulations; and enacting in
lieu thereof a new Subsection B, Permits, of Section 9-2C-4, Fireworks, of
Article C, Explosives and Fireworks, of Chapter 2, Fire Prevention and
Protection, of Title 9, Building Regulations (requiring Certificate of
Insurance in the amount of $5,000,000), be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
115850 - Berry/Krizek
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection G, Penalties, of Section 5-2A-1,
Curfew, of Chapter 2A, Offenses Involving Minors, of Title 5, Police
Regulations; and enacting in lieu thereof a new Subsection G, Penalties, of
Section 5-2A-1, Curfew, of Chapter 2A, Offenses Involving Minors, of Title 5,
Police Regulations (making curfew violations a simple misdemeanor with fines of
$100.00 and 8 hours community service for first offense, $250.00 and 16 hours
of community service for second offense and $500.00 and community service to be
determined by the court for third offense), be received, placed on file,
considered and passed for the fist time. Ayes: Seven. Motion carried.
115851 - Jordan/Murphy
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115852 - Murphy/Jordan
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection G, Penalties, of Section 5-2A-1,
Curfew, of Chapter 2A, Offenses Involving Minors, of Title 5, Police
Regulations; and enacting in lieu thereof a new Subsection G, Penalties, of
Section 5-2A-1, Curfew, of Chapter 2A, Offenses Involving Minors, of Title 5,
Police Regulations (making curfew violations a simple misdemeanor with fines of
$100.00 and 8 hours community service for first offense, $250.00 and 16 hours
of community service for second offense and $500.00 and community service to be
determined by the court for third offense), be considered and passed for the
second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4509.
September 4, 2001 Page 8
ORDINANCES TO BE ADOPTED CONTINUED
115853 - Police Chief Tom Jennings stated that this ordinance covers all sound
complaints, including boom boxes. Chief Jennings stated that the amendment was
requested by the neighborhood associations. The wording has been changed from
"unreasonably loud" to "an audible sound measured at least twenty-five feet
from the source." In answer to a question, Chief Jennings stated that citizens
can take down the license plate number when they see a violation. The Police
Department will issue a citation to the driver if the person reporting the
incident is willing to testify in court.
Councilperson Jordan asked if this ordinance could also require community
service, and Chief Jennings responded that it is in the ordinance that the
judge will make a recommendation on community service.
Dick Meyerhoff, 1701 Howard Avenue, stated he believes the city has a problem
with motorcycle noise. Mr. Meyerhoff stated he is concerned about the quality
of life in Waterloo. Mr. Meyerhoff thanked the city council for making
Waterloo a great city and a great place to work. Mr. Meyerhoff stated all
citizens have the right to peace and quiet. Mr. Meyerhoff read a prepared
statement to the council and asked the council and police department what are
we going to do about this problem.
Randy Herod stated that enforcement of this ordinance is very important. Mr.
Herod stated that the council will find very few people against this ordinance,
but he doesn't understand how the city is going to enforce this. It is going
to be very tough to enforce.
Jordan/Getty
that "an Ordinance amending the 2000 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 the Peace or Quiet (making violations
a simple misdemeanor with fines of $100.00 for first offense, $250.00 for
second offense, $500.00 for third and any subsequent offenses)", be received,
placed on file, considered and passed for the fist time. Ayes: Seven. Motion
carried.
115854 - Berry/Murphy
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115855 - Jordan/Krizek
that "an Ordinance amending the 2000 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 the Peace or Quiet (making violations
a simple misdemeanor with fines of $100.00 for first offense, $250.00 for
second offense, $500.00 for third and any subsequent offenses)", be considered
and passed for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4510.
115856 - Jordan/Berry
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (39)
Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas; and
enacting in lieu thereof a new Subsection (39) Kimball Avenue of Section 541,
Increasing Speed Limits in Certain Areas (changing speed limit from 30 m.p.h.
to 25 m.p.h. on Kimball Avenue 20 feet north of Orange Road to Blaine Road)",
be received, placed on file, considered and passed for the fist time. Ayes:
Seven. Motion carried.
115857 - Getty/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
115858 - Jordan/Murphy
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (39)
Kimball Avefiue of Section 541, Increasing Speed Limits in Certain Areas; and
enacting in lieu thereof a new Subsection (39) Kimball Avenue of Section 541,
Increasing Speed Limits in Certain Areas (changing speed limit from 30 m.p.h.
to 25 m.p.h. on Kimball Avenue 20 feet north of Orange Road to Blaine Road)",
be considered and passed for the second and third times and adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4511.
a •
September 4, 2001
BILLS PAYMENT
115859 - Krizek
•
Page 9
that "Resolution approving Schedule AP640, pp. 1-70, dated September 4, 2001,
in the amount of $364,343.27, 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. 2001-492.
NEW BUSINESS
115860 - Anders/Krizek
that communication from Waterloo Water Works General Manager transmitting
request of Clifford S. Allen to certify $1,841.00 for work performed by
Waterloo Water Works at 1212 Beech Street, together with recommendation of
approval of Board of Waterloo Water Works Trustees, be received, placed on file
and "Resolution approving said request", be adopted and City Clerk instructed
to notify Black Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-493.
115861 - Anders/Krizek
that communication from Waterloo Water Works General Manager transmitting
request of Anthony and Ida White to certify $1,500.00 for work performed by
Waterloo Water Works at 520 Rhey Street, together with recommendation of
approval of Board of Waterloo Water Works Trustees, be received, placed on file
and "Resolution approving said request", be adopted and City Clerk instructed
to notify Black Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-494.
115862 - Anders/Krizek
that communication from Waterloo Water Works General Manager transmitting
request of Warren and Martha Nash to certify $1,085.00 for work performed by
Waterloo Water Works at 212 Ankeny Street, together with recommendation of
approval of Board of Waterloo Water Works Trustees, be received, placed on file
and "Resolution approving said request", be adopted and City Clerk instructed
to notify Black Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2001-495.
TRAVEL REQUESTS
115863 - Berry/Jordan
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Paul Huting, Leisure Services Director, to attend Iowa Park and Recreation
Fall Workshop in Ankeny, Iowa, on September 12-13, 2001, with costs not to
exceed $155.90, including use of city vehicle.
2. Richard Arends, Police Lieutenant, to attend Northwestern Institute of
Public Safety Course in Evanston, Illinois, on October 8-12, 2001, with
costs not to exceed $1,479.00, including use of city vehicle.
3. John Brundrett, Firefighter, to take Paramedic Test in St. Louis, Missouri,
on July 27-28, 2001, with costs not to exceed $215.90, including use of
city vehicle.
4. Aric Schroeder, Associate Planner, to attend 2001 COZO Fall Conference in
Mt. Pleasant, Iowa, on September 12-14, 2001, with costs not to exceed
$265.00, including use of city vehicle.
5. Dave Boesen, Fire Lieutenant, to attend Fire Investigation Seminar in
Waterloo, Iowa, on September 18-21, 2001, with costs not to exceed $125.00,
including use of city vehicle.
Ayes: Sevep on Items one and five, with Councilperson Anders voting nay on
Items two through 4. Motion carried.
September 4, 2001
MISCELLANEOUS
115864 - Getty/Berry
Page 10
that the following beer and liquor applications be received, placed on file and
approved and endorsed applications forwarded to the Iowa Beer and Liquor
Control:
1. Beer/Liquor License Permit Application
Class C
Mama Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires
9/9/02) (Includes Sunday Sales)
2. Beer/Wine License Permit Application
Class C
Young Arena, 125 Commercial Street (Renewal) (Expires 09/06/02) (Includes
Sunday Sales)
Ayes: Seven. Motion carried.
BONDS
115865 - Jordan/Murphy
that the report of the City Attorney and list of bonds filed with the City
Clerk through September 4, 2001, be received, placed on file and report and
bonds be approved. Ayes: Seven. Motion carried.
ADJOURNMENT
115866 - Mrs. VanDorn, 823 Highland, asked the council to look at the burning question
as a discussion issue. Mrs. VanDorn stated last Saturday she had a severe
asthma problem requiring her to go to the emergency room. Mrs. VanDorn stated
the resident at 123 Madison Street was burning carpeting. Mrs. VanDorn stated
she was told that it is the Fire Department's discretion to issue or not issue
a citation. Mrs. VanDorn stated she talked with Captain Pierce, and he said
since it is the fireman's discretion, and they did not write a ticket since
their tickets are discarded and not taken seriously. Captain Pierce told Mrs.
VanDorn that the Fire Department usually gives a verbal warning, but if they
have a repeat offense they will issue a ticket.
Acting Fire Chief Ned DeBerg stated that it is normally up to the discretion of
the officer who responds to the call. If the owner puts out the fire a ticket
would not have made a difference. If the Fire Department is called again to
the residence the first call is on record and a citation would probably be
issued the second time. Acting Chief DeBerg stated that the Fire Department's
tickets are as good as if written by a Police Officer.
Mrs. VanDorn asked the council to please consider the burning issue as it
interferes with her productivity if she is unable to teach her students. Mrs.
VanDorn asked why Waterloo is one of the few cities in the state with open
burning. Mrs. VanDorn commented that she sees students using inhalers more
than they should.
Mayor Rooff responded that several council members would agree with Mrs.
VanDorn. The council has not taken any action on the burning issue as the city
was waiting for the state to take action on the issue. Mayor Rooff stated that
the council will take up this issue again.
Jordan/Gronen
that the Council adjourn at 7:08 p.m. Ayes: Seven. Motion carried.
Nancy ckert
City Clerk
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