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HomeMy WebLinkAboutMinutes-09/17/2001• September 17, 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, September 17, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Berry. Absent: Getty. Invocation by: Fire Chaplain Larry McKinney. Pledge of Allegiance: Carol French -Johnson, Library Director. ORAL PRESENTATIONS 115888 - Sherry Peters, 520 Greenbrier Road, stated that it has been brought to the neighborhood's attention that Waterloo Church of Christ is leasing land to U.S. Cellular for installation of a 125 foot tower. Ms. Peters stated that the neighbors contacted the Planning and Programming Department opposing the cell tower. Ms. Peters reported that there are articles on the Web site which talk about the safety of cell towers. Ms. Peters stated that a lot of cities have put moratoriums on cell towers and have adopted ordinances that keep the cell towers away from citizens. Ms. Peters stated that a lot of the cell towers are located near schools which are open eight hours per day, five days per week, but these are homes with children that will be exposed 24 hours per day, seven days per week. Ms. Peters stated that the neighborhood has started a petition, and out of 105 homes, only six refused to sign the petition. Ms. Peters stated she is very concerned as there have been so many studies with so many contradictions. Ms. Peters stated that if there are any questions concerning the health of people by the tower, the tower needs to be moved away from them, as we might not see the effects for twenty years. Ms. Peters stated that Planning and Programming staff told them there are no other towers located by residents, that the only ones up are in commercial areas. Don Temeyer, City Planner, design of the towers, and areas. Mr. Temeyer stated Mr. Temeyer stated that the Temeyer stated that there houses. Mr. Temeyer stated stated that the city's ordinance looked mostly at that we cannot restrict towers from residential that we can only put reasonable standards on them. city has pushed to have the towers co -locate. Mr. is a tower located on West Third Street by two that the church's tower is 60 feet away. Jim Walsh, City Attorney, stated that federal law does not allow the city to prohibit towers. Mr. Walsh stated that while it is true some towers inconvenient citizens, the city is bound by federal law to allow them and make reasonable rules. Mr. Walsh commented that the tower is 60 feet away and does meet zoning rules. Mr. Walsh stated that in order to stop the tower from being built, the land would have to be zoned prohibiting the tower, and this property is properly zoned for a tower. Marlene Kruger, 1663 Hyperion Drive, stated that she never would have thought it would be a church that would hurt the neighbors. Ms. Kruger stated that the tower is moved far from the church and put in the neighbors' backyards. Ms. Kruger stated she questions a church that could collect money from something that would harm children. Ms. Kruger stated that there had been a school in the area, and if we ever wanted to make it a school again, the tower would not be good for the school. Ms. Kruger stated that the Head Start Day Care is close to that property. Ms. Kruger commented that Cedar Rapids was going to put a tower on school property but canceled. Ms. Kruger stated that she does not think it is a good idea to put the tower close to the residents. Ms. Kruger stated she is disappointed as she talked to Planning and Zoning and asked them to hold off from allowing the tower, but they did not. Ms. Kruger stated that some members of the church used the analysis of comparing the tower with a micro wave oven, but micro waves are not used 24 hours per day. Ms. Kruger asked the council if they would want to live in the first residential area with cell towers close to residents. Ms. Kruger stated she was concerned with what we don't know about cell towers. Ms. Kruger stated that it seems to her there is enough open land where the tower could be built. A resident stated that a number of kids play in the vacant lot. He stated they play football, basketball and there once was a baseball diamond. He stated he is concerned about a tower being located there as it is dangerous to people with medical problems. Al Campbell stated he has a grandchild and he is not in good health. Mr. Campbell stated that years ago a tower with high electrical lines was installed on Newell Street, and his father and mother died from cancer. Mr. Campbell stated the council would not want the tower in their neighborhoods. Mr. Campbell stated the first question the council should be concerned about is the residents' health. Mr. Campbell stated there is documentation which supports that cell towers are not good for health. September 17, 2001 Page 2 ORAL PRESENTATIONS CONTINUED Mayor Rooff stated that with that many neighbors concerned about the cell tower the city should form a liaison to work with the neighborhood group. Mayor Rooff stated he personally feels the towers are intrusive, but people want to talk on cell phones. Mayor Rooff stated the city will talk to the church. Councilperson Anders stated that it appears all the permits and zoning are in place. Councilperson Anders stated that the church could go out and start building tomorrow, and the city could not do anything about it. Mr. Walsh stated the city cannot stop them as they are properly zoned. Mr. Walsh stated that we could only do a rezoning, a type of condemnation, and if we do that it is possible the city would have to purchase the land. Mr. Walsh suggested that the residents speak to the Planning, Programming and Zoning Commission. Mr. Walsh stated the church could stop the tower from being built, not the city council. Mr. Temeyer stated that staff will set up a meeting with the neighbors and the church. Mayor Rooff stated that he would rather error on the side of the neighbors. Mayor Rooff asked Councilperson Anders to work with the neighbors. Jordan/Murphy that the above oral comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 115889 - Krizek/Berry that the Agenda, as amended to add Items 25a and 25b, for the Regular Session on Monday, September 17, 2001, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 115890 - Berry/Murphy that the Minutes, as amended, for the Regular Session on Monday, September 10, 2001, at 5:30 p.m. be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. HEARINGS AND BIDS 115891 - Krizek/Murphy that proof of publication of notice of public hearing on 2001 Golf Course Restroom/Shelter Project, as published in the Waterloo Courier on September 5, 2001, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 115892 - 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 oral and written comments be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 115893 - Jordan/Murphy that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2001 Golf Course Restroom/Shelter Project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-505. 115894 - Murphy/Gronen that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-506. • September 17, 2001 • • HEARINGS AND BIDS CONTINUED 115895 - Krizek/Jordan Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Total Bid Bowers Masonry, Waterloo, IA 5% $50,565.00 Dolan Concrete, Waterloo, IA 5% $44,832.00 Ayes: Six. Absent: Getty. Motion carried. HEARINGS 115896 - Berry/Murphy that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on September 11, 2001, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 115897 - Murphy/Gronen that the hearing be tabled to September 24, 2001. Ayes: Six. Absent: Getty. Motion carried. PETITIONS FROM PUBLIC 115898 - Gronen/Jordan that communication from City Engineer transmitting request of John Bunge for a waiver for a concrete driveway to be located at 405 Sheridan Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor assigned No. 2001-507. 115899 - Gronen/Jordan that communication from City Engineer transmitting request of John H. Hermann, Jr., for a waiver for a concrete driveway to be located at 4629 Winghaven Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor assigned No. 2001-508. 115900 - Gronen/Jordan that communication from City Engineer transmitting request of Delores Williams, for a waiver for a concrete driveway to be located at 1205 Bauch Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor assigned No. 2001-509. 115901 - Gronen/Jordan that communication from City Engineer transmitting request Sayers, for a waiver for a concrete driveway to be located Street, together with recommendation of approval, be received, and "Resolution approving said request", be adopted. Ayes: Getty. of Lucille E. at 1556 Newell placed on file Six. Absent: Resolution adopted and upon approval of Mayor assigned No. 2001-510. September 17, 2001 Page 4 PETITIONS FROM PUBLIC CONTINUED 115902 - Gronen/Jordan that communication from Assistant City Planner transmitting request of Black Hawk County Conservation Board to sell and convey two lots acquired as part of the Sherwood Park FEMA Acquisition Project generally located at 2618 and 2628 Cooley Street for $1.00, together with the recommendation of approval of the Building and Grounds Committee, be received, placed on file and "Resolution setting date of hearing as October 1, 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: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-511. DOCUMENTS 115903 - Anders/Krizek that communication from City Planner transmitting Purchase Order in the amount of $10,000.00 with Howard R. Green Company to perform Phase 1 environmental site assessments on two properties located close to the Rath Administration Building in conjunction with the Economic Development Administration (EDA) Public Works Grant be received, placed on file and "Resolution approving said Purchase Order", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-512. 115904 - Anders/Krizek that communication from Associate Engineer transmitting Supplemental Agreement No. 2 with Parsons Transportation Group for construction engineering in the amount of $69,927.10, with a 20 percent city match of $13,985.42, in conjunction with San Marnan Drive Traffic Improvements, Contract No. 624, STP - U -8155(651)-70-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-513. 115905 - Anders/Krizek that communication from City Planner transmitting Brownfields Program Application with the Iowa Department of Economic Development for funding in the amount of $500,000.00 to acquire and demolish abandoned structures and land at the former Construction Machinery Company site be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-514. 115906 - Anders/Krizek that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $565,975.32 from E.K. Bridge, Inc., of Hudson, Iowa, in conjunction with F.Y. 2001 San Marnan Drive Traffic Improvements -Phase I, Contract No. 624, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-515. 115907 Anders/Krizek that communication from Assistant City Planner transmitting Change Order No. 2 for a net increase in the amount of $44,206.00 for work to be performed by Peters Construction of Waterloo, Iowa, and authorize expenditure of up to an additional amount of $5,974.00 in conjunction with UNI -CUE, Chicago Great Western Depot Lease, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. • • September 17, 2001 • • DOCUMENTS CONTINUED 115908 - Anders/Krizek Page 5 that communication from Assistant Aviation Director transmitting agreement with Burns & McDonnell Engineering Company, Inc., in the amount of $425,872.00, for professional services in conjunction with the Airport Terminal Renovation Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-516. RESOLUTIONS TO BE ADOPTED 115909 - Krizek/Anders that communication from Building Official/Maintenance Administrator transmitting request to authorize Schuler Masonry to repair brick face on the West 5th Street Parking Ramp at an estimated cost of $15,000.00 to $20,000.00 be received, placed on file and "Resolution approving said repair" be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-517. 115910 - Krizek/Anders that communication from City Planner transmitting request of John Gavin to purchase remaining bricks (approximately 9,000 to 10,000 bricks) located at the Chicago Great Western Depot site for $2,500.00 be received, placed on file and "Resolution approving sale of said bricks", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-518. 115911 - Jordan/Berry that "Resolution pledging emotional, financial and human resource support to New York City, Washington, D.C. and Summerset County, Pennsylvania", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-519. ORDINANCES TO BE ADOPTED 115912 - Krizek/Berry that "an Ordinance 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, of the 2001 Code of Ordinances of the City of Waterloo, Iowa; 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 $2,000,000)", 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. Mayor Rooff stated that the ordinance was reviewed, and the council decided to require a $2 million certificate of insurance. Ed Hutchens asked if the insurance requirement is only for fireworks displays on city property. Jim Walsh, City Attorney, stated that anyone in the city must apply for a fireworks display permit, and anyone wanting to put on a fireworks display must show proof of a $2 million certificate of insurance and apply for a permit with the city clerk. Mr. Walsh stated that the city has liability when issuing the permit. Mr. Walsh stated that fireworks are illegal, but state law says cities may issue a permit to a competent operator. Mr. Hutchens stated that the certificate of insurance will add cost to the shows. Mr. Hutchens stated he feels the city should study this further before passing the ordinance. Mr. Walsh stated that most cities in the state require $1 to $2 million insurance. Mr. Walsh stated that if the cost for insurance is too exorbitant or if the operators are not able to get the insurance, the city could look at this issue again in six months. September 17, 2001 Page 6 ORDINANCES TO BE ADOPTED CONTINUED Ray Garris, 320 West Third Street, Washburn, and Vice President of Iowa Pyrotechnics Association, asked if persons could request a variance to the $2 million dollar requirement. Mr. Walsh answered that the ordinance as drawn allows no latitude to the $2 million dollar insurance requirement. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Motion carried. 115913 - Krizek/Berry that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 115914 - Jordan/Murphy that "an Ordinance 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, of the 2001 Code of Ordinances of the City of Waterloo, Iowa; 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 $2,000,000)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4512. 115915 - Jordan/Murphy that "an Ordinance repealing Article D, Inspection Department, of Chapter 6, Municipal Departments, of Title 1, Administration; and enacting in lieu thereof a new Article D, Building Inspection, Permits and Maintenance Department, of Chapter 6, Municipal Departments, of Title 1, Administration (merging Maintenance Department with Building Inspection Department)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Getty Motion carried. 115916 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 115917 - Anders/Jordan that "an Ordinance repealing Article D, Inspection Department, of Chapter 6, Municipal Departments, of Title 1, Administration; and enacting in lieu thereof a new Article D, Building Inspection, Permits and Maintenance Department, of Chapter 6, Municipal Departments, of Title 1, Administration (merging Maintenance Department with Building Inspection Department)", be considered and passed for the third time and adopted. Ayes: Six. Absent: Getty. Ordinances adopted and upon approval by Mayor assigned No. 4513. BILLS PAYMENT 115918 - Gronen/Krizek that "Resolution approving Schedule AP640, pp. 1-65, dated September 17, 2001, in the amount of $840,279.46, a copy of which is on file in the City Clerk's Office", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-520. NEW BUSINESS 115919 - Anders/Jordan that communication from Superintendent of Streets transmitting recommendation to accept bid from Independent Salt Company of Kanopolis, Kansas, for roadway deicing salt at a cost of $34.20 per ton, for an estimated total cost of $150,000.00, be received, placed on file and "Resolution approving said bid", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-521. • • September 17, 2001 • • NEW BUSINESS CONTINUED 115920 - Murphy/Jordan Page 7 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Chicago Great Western Depot Parking Lot, Contract No. 642, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 115921 - Jordan/Krizek that plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Chicago Great Western Depot Parking Lot, Contract No. 642, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. 115922 - Jordan/Murphy that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-522. 115923 - Anders/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 1, 2001, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2001-523. TRAVEL REQUESTS 115924 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Kent Shankle, Cultural and Arts Curator, to meet with Haitian American artist on plans for a future exhibition and to return artwork to artist in Madison and Mt. Horab, Wisconsin, on September 22-23, 2001, with costs not to exceed $210.00, including use of city vehicle. 2. Julie Snider and Gladys Rainey, Housing Coordinators, to attend MTCS and 50058 Training in Ames, Iowa, on September 18, 2001, with costs not to exceed $450.00, including use of city vehicle. 3. David Boesen, Fire Lieutenant, to attend R208 Class: Interview and Interrogation Techniques in Emmitsburg, Maryland, on January 7-18, 2002, with cost not to exceed $1,110.00. 4. Melissa Ludwig and Jason Feaker, Police Officers, to attend Field Training Officer Certification Course in Appleton, Wisconsin, on October 1-5, 2001, with costs not to exceed $1,600.00. 5. Richie Hesse and Brian Weldon, Police Officers, to attend International Associations of Bomb Technicians Training Conference in St. Louis, Missouri, on September 23-27, 2001, with costs not to exceed $1,305.00. 6. Richard Harned, Police Officer, to attend Statewide Usergroup Meeting for Traffic and Criminal Software (TraCS) in Des Moines, Iowa, on September 26- 27, 2001, with costs not to exceed $187.90. Ayes: Six with Anders voting Nay on Numbers 3-6. Absent: Getty. Motion carried. MISCELLANEOUS 115925 - Krizek/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 Mexikelly, 307 West 4th Street Renewal)(Expires 9/29/02)(Including Sunday Sales) September 17, 2001 Page 8 MISCELLANEOUS CONTINUED 2. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue(Renewal)(Expires 9/18/02) (Includes Sunday Sales) 3. Beer License Permit Application Class C Petro & Provisions, 2100 Lafayette(Renewal)(Expires 9/30/02)(Includes Sunday Sales) Kum & Go, 1104 Washington Street(Renewal)(Expires 11/2/02)(Includes Sunday Sales) 4. Wine License Permit Application Class B Kum & Go, 1104 Washington Street(Renewal)(Expires 11/2/02)(Includes Sunday Sales) QT Pharmacy, 920 W. 5th Street(Renewal)(Expires 10/29/02)(Includes Sunday Sales) Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 115926 - Jordan/Murphy that the Council adjourn at 6:30 carried. p.m. Ayes: Six. Absent: Getty. Motion Nancy Ackert City Clerk