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HomeMy WebLinkAbout11/01/1999November 1, 1999 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, November 1, 1999. Mayor John R. Rooff in the Chair. Roll Call: Getty, Murphy, Jordan, Krizek, Gronen, Collier, Anders. Invocation by: Reverend Chuck Orr Pledge of Allegiance: Larry Cunningham, Superintendent of Central Garage 112978 - Jordan/Krizek that the Agenda, as amended, for the Regular Session on Monday, November 1, 1999, at 7:00 p.m., to add Item 30a and table Item 2, be accepted and approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 112979 - Michael Douglas, owner of property at the corner of Rainbow Drive and Niagara, stated that he has been before the council before regarding flood damage to his property. Mr. Douglas stated that Councilperson Anders and Mayor Rooff have been to his property. Mr. Douglas stated that it is his understanding that nothing will be done to help him." The engineer was going to contact him, but nothing has been done. Mr. Douglas stated that its not like he is asking to have the street repaired, but just to widen the catch basin along Rainbow Drive. Mr. Douglas stated that the storm sewer cannot handle the water. Mr. Douglas stated that he presented the council pictures of the damage to his property, and that the last storm totally took out his yard. Mr. Douglas stated that he was promised something would be done and now he has been told that nothing will be done. Mr. Douglas stated that hauling in dirt will not do it. Mr. Douglas commented that if it were his property causing the city a problem, he would be in big trouble, but its not, it is the city causing the problem. Mr. Douglas asked if the city was going to stick by what they said they were going to do. Mr. Douglas stated that the city needs to widen the catch basin. Mr. Douglas commented that he was not going away, and his problem is not going away. Mayor Rooff stated Mr. Douglas has been concerned about the direction of the flow of the storm water. Mayor Rooff commented that he told Mr. Douglas the city would get him some relief. Mayor Rooff stated that he has put the engineering department on this issue. Mayor Rooff stated that the city is looking at two catch basins, and he has asked the Engineering Department to look at designing two catch basins because it will be 2001 before storm sewer improvements will be completed in Mr. Douglas's area and 2002 before the street is reconstructed. Mayor Rooff stated that he anticipates Mr. Douglas will see something happening in about two weeks. Krizek/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 112980 - Getty/Murphy that the Minutes, as proposed, for the Regular Session on Monday, October 25, 1999, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff recognized Steve Cochran, Waterloo Fire Rescue paramedic, for 15 years of service with the city. HEARINGS 112981 - Anders/Jordan that proof of publication of notice of public hearing on request of Mohammad Islami to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located north of West Ridgeway Avenue approximately one-quarter mile west of Martin Road to construct a greenhouse, as published in the Waterloo Courier on October 20, 1999, be received and placed on file. Ayes: Seven. Motion carried. 112982 - 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. 112983 - Collier/Gronen that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 318 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. November 1, 1999 Page 2 HEARINGS CONTINUED 112984 - Murphy/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 112985 - Collier/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 318 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. 4389. 112986 - Getty/Murphy that request of John Dixon to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District property generally located at the southwest corner of Grandview Avenue and West Parker Street and generally known as the East Side Used Furniture Store, be tabled indefinitely at request of applicant. Ayes: Seven. Motion carried. 112987 - Krizek/Gronen that proof of publication of notice of public hearing on request of Lavern and Eleanor Droste to rezone from "R-2" One & Two Family Residence District to "C - 2/C -Z" Conditional Zoning property generally located southeast of the corner of Fletcher and University Avenues to construct a storage warehouse for Red's CB/Sound Room, as published in the Waterloo Courier on October 20, 1999, be received and placed on file. Ayes: Seven. Motion carried. 112988 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Anders that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 112989 - Collier/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 88 to Section 2A-5, Rezoning Certain Property", be received, placed and file, considered and passed for the first time. Ayes: Seven. Motion carried. 112990 - Murphy/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 112991 - Collier/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 88 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. 4390. UNFINISHED BUSINESS 112992 - Jordan/Gronen that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $30,815.38 to Cedar Valley Corporation of Waterloo, Iowa, in conjunction with the F.Y. 2000 Riverview Recreational Area Parking Lot, Contract No. 619, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-730. November 1, 1999 Page 3 PETITIONS FROM PUBLIC 112993 - Gronen/Krizek that communication from Police Chief transmitting request of Main Street Waterloo to hold 4th annual lighted holiday parade on 4th Street beginning at the public parking area under Highway 218 to Mulberry, Mulberry to 5th Street and 5th Street back to the public parking area under 218, and various other events at Soldier's and Sailors Park, 4th Street from Washington Street to Mulberry Street, Mulberry Street from 4th to 5th Streets, 5th Street from Washington Street to Mulberry Street, and the public parking lots located under Highway 218 in conjunction with the "Downtown Lights the Night" Event on Saturday, December 4, 1999 from 5:00 p.m. - 8:00 p.m., be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-731. DOCUMENTS 112994 - Anders/Murphy that communication from Associate Engineer transmitting Contracts, Bonds, and Certificates of Insurance in the amount of $30,815.38 from Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2000 Riverview Recreational Area Parking Lot, Contract No. 619, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-732. 112995 - Anders/Murphy that communication from Associate Planner transmitting an application for Sue A. Milligany for tax exemptions on improvements totaling $5,000.00 for property located at 800 Wellington Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-733. 112996 - Anders/Murphy that communication from Associate Planner transmitting an application for Dan Distler for tax exemptions on improvements totaling $4,500.00 for property located at 366 California Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-734. 112997 - Anders/Murphy that communication from City Planner transmitting partial acquisition contract and accepting deed for Parcel Nos. 69 and 71 (Waterloo Industrial Development Association) in the amount of $190,500.00 in conjunction with the Martin Luther King Jr. Drive/Bishop Avenue Extension Project, STP -U-8155(31)-70-07, be received, placed on file and "Resolution approving said contract and deed", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-735. 112998 - Anders/Murphy that communication from Associate Engineer transmitting an agreement with the Chicago Central and Pacific Railroad for removal of existing railroad crossings and concrete patching along the unused Freight House spur at the following crossings; Fairview Street, Edwards Street, Center Street, Bratnober Street and Park Road, 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. 1999-736. 112999 - Anders/Murphy that communication from Senior Planner transmitting Hazard Mitigation Grant Application with Iowa Emergency Management Division in conjunction with the Hanna Box Culvert Replacement Project, with an estimated cost of $550,000.00, with 15 percent local match, be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-737. November 1, 1999 Page 4 DOCUMENTS CONTINUED 113000 - Anders/Murphy that communication from Superintendent of Traffic Operations transmitting 28E Agreement with Black Hawk County for maintenance of traffic signals located at Dubuque Road and Lafayette Street/Plaza Drive and street lights located at the intersection of Highway 218 and County Road C-57 be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-738. 113001 - Anders/Murphy that communication from Superintendent of Traffic Operations transmitting 28E Agreement with the City of Elk Run Heights for maintenance of traffic signals and street lights located at Dubuque Road and Elk Run Road and street lights located at Evansdale Road and Gilbertville Road be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-739. 113002 - Anders/Murphy that communication from Superintendent of Traffic Operations transmitting 28E Agreement with the City of Evansdale for maintenance of traffic signals located at Dubuque Road and Evans Road and traffic signals located at Evansdale Drive and Doris Drive be received, placed on file and "Resolution approving said 285 Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-740. 113003 - Anders/Murphy that communication from Community Development Director transmitting a contract with the Iowa Department of Economic Development for Emergency Shelter Grant Program Funds (ESGP) in the amount of $105,780.00 to be used by Exceptional Persons, the Salvation Army, YWCA of Black Hawk County, Family Service League, Christian Community Development, and Operation Threshold to prevent homelessness be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-741. RESOLUTION TO BE ADOPTED 113004 - Jordan/Collier that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as November 22, 1999, at 7:00 p.m. in the City Hall Council Chambers in conjunction with the F.Y. 2000 Martin Luther King Jr. Drive -Phase IV, STP -U-8155(31)-70-07, and Phase V, STP -U-8155(34)-70-07, Contract No. 556", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1999-742. ORDINANCES TO BE ADOPTED 113005 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by: adding Subsections (6a) Ashland Avenue and (97a) Main Street to Section 543, Thru Streets; and repealing Subsection (84) Reber Avenue of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (84) Reber Avenue of Section 553, No Parking Here to Corner (installation of stop signs on Ashland Avenue at Dawson Street and on Moir Street at Reber Avenue, and No Parking Here to Corner sign on Reber at Moir Street)" be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113006 - Collier/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. -' November 1, 1999 Page 5 ORDINANCES TO BE ADOPTED CONTINUED 113007 - Collier/Gronen that "an Ordinance amending the 1999 Traffic Code by: adding Subsections (6a) Ashland Avenue and (97a) Main Street to Section 543, Thru Streets; and repealing Subsection (84) Reber Avenue of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (84) Reber Avenue of Section 553, No Parking Here to Corner (installation of stop signs on Ashland Avenue at Dawson Street and on Moir Street at Reber Avenue, and No Parking Here to Corner sign on Reber at Moir Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4391. 113008 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by: repealing Subsection (17) Dysart Road of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (17) Dysart Road of Section 541, Increasing Speed Limits in Certain Areas (increase speed limit on Dysart Road from Shaulis Road to Orange Road from 35 to 45 m.p.h.)" be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113009 - Collier/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 113010 - Collier/Gronen that "an Ordinance amending the 1999 Traffic Code by: (17) Dysart Road of Section 541, Increasing Speed Limits enacting in lieu thereof a new Subsection (17) Dysart Increasing Speed Limits in Certain Areas (increase speed from Shaulis Road to Orange Road from 35 to 45 m.p.h.) passed for the second and third times and adopted. Ayes: Ordinance adopted and upon approval by Mayor assigned No. 113011 - Krizek/Jordan repealing Subsection in Certain Areas; and Road of Section 541, limit on Dysart Road ", be considered and Seven. 4392. that "an Ordinance amending the Code of Ordinances of the City of Waterloo by: adding Subsection (d) to Section 9-19, Amendments to Dangerous Building Code, of Article II, Dangerous Buildings, of Chapter 9, Buildings (designate dollar amounts for fines in the enforcement of abating dangerous buildings)" be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113012 - Collier/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 113013 - Collier/Gronen that "an Ordinance amending the Code of adding Subsection (d) to Section 9-19, of Article II, Dangerous Buildings, of amounts for fines in the enforcement considered and passed for the second Seven. Ordinances Amendments Chapter 9, of abating and third of the City of Waterloo by: to Dangerous Building Code, Buildings (designate dollar dangerous buildings)", be times and adopted. Ayes: Ordinance adopted and upon approval by Mayor assigned No. 4393. 113014 - Krizek/Jordan that "an Ordinance amending the Heating, Air Conditioning and Ventilation Code by: repealing Section 18-9, Journeyman HVAC; and enacting in lieu thereof a new Section 18-9, Journeyman HVAC, Journeyman Sheet Metal, Technician (licensing of persons installing heating and air conditioning in structures)" be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 113015 - Collier/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. November 1, 1999 Page 6 ORDINANCES TO BE ADOPTED CONTINUED 113016 - Collier/Gronen that "an Ordinance amending the Heating, by: repealing Section 18-9, Journeyman new Section 18-9, Journeyman HVAC, (licensing of persons installing heating be considered and passed for the second Seven. Air Conditioning and Ventilation Code HVAC; and enacting in lieu thereof a Journeyman Sheet Metal, Technician and air conditioning in structures)", and third times and adopted. Ayes: Ordinance adopted and upon approval by Mayor assigned No. 4394. BILLS PAYMENTS 113017 - Murphy that "Resolution approving Schedule AP640, pp. 1-77, dated the amount of $702,207.38, a copy of which is on file Office", be adopted, with Councilperson Krizek abstaining with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. NEW BUSINESS 113018 - Krizek/Gronen that communication from Waterloo Water request of Katherine S. and Michael L. performed by Waterloo Water Works at recommendation of approval of Board of received, placed on file and "Resolution and City Clerk instructed to notify Black Seven. November 1, 1999, in in the City Clerk's on PV 1725, together Ayes: Seven. 1999-743. Works General Manager transmitting Shaw to certify $1,217.50 for work 127 Dawson Street, together with Waterloo Water Works Trustees, be approving said request", be adopted Hawk County Treasurer of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1999-744. 113019 - Krizek/Gronen that communication from Waterloo Water Works General Manager transmitting request of Joe and Teresa M. Jordan to certify $987.25 for work performed by Waterloo Water Works at 1940 East 4th 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. 1999-745. 113020 - Krizek/Gronen that communication from Mayor Rooff transmitting recommendation of the following appointments to the Waterloo Convention and Visitors Bureau Advisory Board: Bonnie Smith and Mary Swehla, with term expiration date of November 2, 2002, Dolly Fortier, with term expiration date of November 2, 2001, and Becky Bertch and Don Landau, with term expiration date of November 2, 2000 be received, placed on file and approved. Ayes: Seven. Motion carried. 113021 - Krizek/Gronen that communication from City Planner transmitting recommendation of appointment of Alan Stockdale to the position of Housing Coordinator effective on a mutually agreed upon date be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 113022 - Gronen/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Emily Highland -Kuntz, Internal Auditor, to attend Continuing Professional Education for C.P.A. "Governmental and Non Profit Update" in Des Moines, Iowa on November 1, 1999, with costs not to exceed $305.00. 2. Charles G. Linker, Signal Technician Foreman, and Randy Heiberger, Signal Technician II, to attend 30th Annual Trade Show and User's Group Meeting in Davenport, Iowa on November 30 - December 1, 1999, with costs not to exceed $500.00, including use of city vehicle. November 1, 1999 Page 7 TRAVEL REQUESTS CONTINUED 3. Council Members Jerry Anders, Dr. William Gronen, Barb Krizek and John Murphy to attend National League of Cities 1999 Congress of Cities and Exposition in Los Angeles, California on December 1 - 5, 1999, with costs not to exceed $6,017.56. 4. Jim D. Ellis, Associate Engineer, to attend Excelling as a First Time Supervisor Seminar in Waterloo, Iowa on December 16, 1999, with costs not to exceed $149.00, including use of city vehicle. 5. Roger Carr and Mike Moore, Fire Instructors, to teach recertification at Fisher Corp. on November 4 - 5, 1999, with costs not to exceed $370.00. 6. Andrea Brasch, Police Officer, to attend the 172°" Basic Level 1 Officer Training School in Johnston, Iowa on November 1 - December 3, 1999, with costs not to exceed $175.00. Ayes: Seven. Motion carried. MISCELLANEOUS 113023 - Getty/Jordan that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class A Club The Supervisors Club, 3265 Dewitt Road (Renewal) (Expires 11/9/00) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 113024 - Collier/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through November 1,. 1999, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 113025 - Jordan/Collier that the Council adjourn at 7:38 p.m Ayes: Seven. Motion carried. Nancy Eckert City Clerk