HomeMy WebLinkAboutMinutes-06/05/2000• •
June 5, 2000
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, June 5, 2000. Mayor John R. Rooff in
the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry.
Invocation by: Councilperson Jerry Anders.
Pledge of Allegiance: Paul Huting, Leisure Services Director.
ORAL PRESENTATIONS
113842 - Anna Mae Weems, 635 Independence Avenue, stated that she was here tonight to
show the council pictures of the corner of Independence and Mobile. Ms. Weems
stated that there is a lot of junk on the curb, and this only happens in the
Fourth Ward. Ms. Weems stated that she talked to a deputy who told her that
the items are placed on the curb while someone is being evicted. Ms. Weems
stated that she would like to suggest that the landlords put that stuff in a
locker and then people can pay the locker bill when they pick up their items.
Ms. Weems stated that this is not good for the community, and she went before
the Board of Supervisor last week to suggest the same idea. Ms. Weems asked
the council to support Ms. Berry and stop this.
Mayor Rooff stated that he checked with the Police Department, and the
Sheriff's office controls this. If a landlord puts material on the curb,
twenty-four hours later the person can claim the items. If the items are not
claimed, the Black Hawk County Health Department and the city's Operation Pride
crew are contacted. Mayor Rooff commented that he thinks the locker idea is a
good idea, and he asked Ms. Weems to work with Councilperson Berry. Mayor
Rooff stated we all want the Fourth Ward to look good.
Jordan/Murphy
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
113843 - Getty/Jordan
that the Agenda, as amended to add Item No. 26a, for the Regular Session on
Monday, June 5, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Motion carried.
113844 - Murphy/Gronen
that the Minutes, as proposed, for the Regular Session on Monday, May 22, 2000,
at 5:30 p.m., and the Special Session on Wednesday, May 31, 2000, at 4:00 p.m.,
be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a proclamation declaring June 12-18, 2000, as United States
Army Week.
HEARINGS & BIDS
113845 - Jordan/Anders
that proof of publication of notice of public hearing on the proposed F.Y. 2000
Traffic Signal Materials, West 11th Street at Commercial Street, CS -TSF -
8155(41) -85-07, Contract No. 590, as published in the Waterloo Courier on May
18, 2000, be received and placed on file. Ayes: Seven. Motion carried.
113846 - 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 oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
113847 - Anders/Krizek
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2000 Traffic Signal Materials, West 11th
Street at Commercial Street, CS -TSF -8155(41)-85-07, Contract No. 590,", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-301.
June 5, 2000 Page 2
HEARINGS AND BIDS CONTINUED
113848 - Getty/Gronen
that "Resolution authorizing to proceed in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-302.
113849 - Berry/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
Traffic Engineer for review:
Bidder Bid Bond Total Bid
Voltmer, Inc., Cedar Falls, IA 5% $45,059.00
K & W Electric, Inc., Cedar Falls, IA 5% $41,723.00
Ayes: Seven. Motion carried.
113850 - Anders/Jordan
that proof of publication of notice of public hearing on the proposed F.Y. 2000
Traffic Signal Materials, Kimball Avenue at Rachael Street, CS -TSF -8155(50)-85-
07, Contract No. 610, as published in the Waterloo Courier on May 18, 2000, be
received and placed on file. Ayes: Seven. Motion carried.
113851 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Kevin Everding, 325 Cornwall, stated that he thinks this is a bad idea. Mr.
Everding stated that Rachael Street is a through street, and he doesn't think
the light is necessary, we don't need one every two blocks. Mr. Everding
suggested the city use the Police Department to enforce speeding and allow only
right turns onto Kimball Avenue from Rachael Street. This would push traffic
down the frontage road to the Brookeridge lights.
Tim Mrozek, Traffic Engineer, stated that the city is doing this not
necessarily for the right turn but because of the number of accidents. Mr.
Mrozek stated that there is a lot of congestion at Brookeridge, and that would
just make it more congested.
Jordan/Gronen
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
113852 - Krizek/Jordan
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2000 Traffic Signal Materials, Kimball
Avenue at Rachel Street, CS -TSF -8155(50)-85-07, Contract No. 610", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-303.
113853 - Anders/Jordan
that "Resolution authorizing to proceed in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-304.
113854 - Getty/Berry
to receive, file and instruct City Clerk to open and read bids and refer to
Traffic Engineer for review:
Bidder Bid Bond Total Bid
Voltmer, Inc., Cedar Falls, IA 5% $39,432.00
K & W Electric, Inc., Cedar Falls, IA 5% $36,393.00
Ayes: Seven. Motion carried.
• •
June 5, 2000
HEARINGS
113855 - Getty/Murphy
• •
Page 3
that proof of publication of notice of public hearing on request of Target
Corporation to rezone from "R-4" Multiple Family Residence District to "C-2"
Commercial District property generally located northwest of San Marnan Drive
and west of Sears Street, as published in the Waterloo Courier on May 22, 2000,
be received and placed on file. Ayes: Seven. Motion carried.
113856 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Clarke Lundell, representing Target, stated that he appreciated the opportunity
to discuss the rezoning request to expand the Target Store. Mr. Lundell
thanked city staff for working with Target and for their continuing support.
Mr. Lundell stated that Target is excited about bringing to Waterloo this
excellent addition. Mr. Lundell stated that the new Target will include an
expanded line of general merchandise, but will add a full line of grocery
items, a delicatessen, bakery, pharmacy, optical center and other features.
Mr. Lundell stated that the new store will be almost twice the size of the
current Target. Mr. Lundell reported that Target plans to build immediately
behind the current store, which will remain open during construction. After
the new store is built, the current store will be demolished. Mr. Lundell
reported that Target will contribute funding to construct a right -turn lane at
San Marnan and Sears Drives. Mr. Lundell stated that Target will add
pedestrian paths, considerable landscaping, and the building will have two
entrances. Mr. Lundell stated that Target has dressed up the back of the store
per the city's request. Mr. Lundell stated that Target is pleased with the
site plan and pleased to stay in this location. Mr. Lundell stated that if the
council approves the rezoning, Target will start construction this summer and
the new Target will open in July 2001.
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.
113857 - Berry/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 319 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
113858 - Murphy/Anders
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
113859 - Anders/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 319 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. 4417.
113860 - Anders/Krizek
that proof of publication of notice of public hearing on request of Shane and
Katie Scoles to vacate, sell and convey for $352.00 the 10' platted alley
generally located between Lots 7 and 8 in the 100 block of Madison Street, as
published in the Waterloo Courier on May 22, 2000, be received and placed on
file. Ayes: Seven. Motion carried.
113861 - 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.
June 5, 2000 Page 4
HEARINGS CONTINUED
113862 - Krizek/Jordan
that "an Ordinance vacating the 10' platted alley generally located between
Lots 7 and 8 in the 100 block of Madison Street", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
113863 - Krizek/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
113864 - Jordan/Murphy
that "an Ordinance vacating the 10' platted alley generally located between
Lots 7 and 8 in the 100 block of Madison Street", be considered and passed for
the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4418.
113865 - Getty/Gronen
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. 2000-305.
113866 - Anders/Berry
that proof of publication of notice of public hearing on request of Eppstein
Uhen Architects on behalf of Albertson's, Inc., to vacate, sell and convey for
$22,500.00 the 50' x 150' portion of Kimball Avenue frontage road generally
located west of the 3000 block of Kimball Avenue, as published in the Waterloo
Courier on May 30, 2000, be received and placed on file.
Prior to a vote on the above motion, the following comments were heard.
Mayor Rooff stated that the city received a letter from Schenk Engineering that
Albertson's Inc. is amending their offer to $45,000.00 which represents a $6.00
per square foot basis. Mayor Rooff stated that Albertson's original offer was
$22,500.00 at $3.00 per square foot. Mayor Rooff stated that the council
wanted to receive full value for the property, and he spoke with Albertson's
Inc., and they are now offering full assessed value for the site. Mayor Rooff
read a letter from Albertson's Inc. that they intend to go forward with two new
Osco Stores in the Waterloo area. Albertson's is developing another Osco Drug
Store at the corner of Logan and Donald. The Logan & Donald project will not
be on the same timeline as the Kimball and Ridgeway project due to issues with
existing structures, parking and their current prototype with the site plan.
Albertson's is currently working with the landlord to resolve these issues.
Following discussion, a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
113867 - 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.
113868 - Berry/Anders
that "an Ordinance vacating the 50' x 150' portion of Kimball Avenue frontage
road generally located west of the 3000 block of Kimball Avenue", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
113869 - Getty/Berry
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
June 5, 2000
• •
HEARINGS CONTINUED
113870 - Jordan/Getty
Page 5
that "an Ordinance vacating the 50' x 150' portion of Kimball Avenue frontage
road generally located west of the 3000 block of Kimball Avenue", be considered
and passed for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4419.
113871 - Anders/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. 2000-306.
113872 - Anders/Jordan
that proof of publication of notice of public hearing on the request of
Eppstein Uhen Architects on behalf of Albertson's, Inc., to vacate the 16'
sanitary sewer easement generally located along the southern boundary of Lot 23
in Southgate Addition, as published in the Waterloo Courier on May 30, 2000, be
received and placed on file. Ayes: Seven. Motion carried.
113873 - 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 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.
113874 - Getty/Murphy
that "an Ordinance vacating the 16' sanitary sewer easement generally located
along the southern boundary of Lot 23 in Southgate Addition", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
113875 - Jordan/Gronen
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
113876 - Anders/Jordan
that "an Ordinance vacating the 16' sanitary sewer easement generally located
along the southern boundary of Lot 23 in Southgate Addition", be considered and
passed for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4420.
UNFINISHED BUSINESS
113877 - Getty/Anders
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $407,464.00 to Borwig Building Service, Inc., of
Waterloo, Iowa, in conjunction with the F.Y. 2000 Bridge Painting and Repair
Program, Contract No. 598, 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. 2000-307.
113878 - Getty/Anders
that communication from Superintendent of Water Pollution/Flood Control
transmitting recommendation to reject all bids in conjunction with F.Y. 2000
Lagoon Controls/Generator Building Water Pollution Control Facilities, Contract
No. 614, be received, placed on file and approved. Ayes: Seven. Motion
carried.
June 5, 2000 Page 6
PETITIONS FROM PUBLIC
113879 - Krizek/Anders
that communication from City Engineer transmitting request of Douglas Dutler
for a waiver for a concrete driveway to be located at 1804 Robin Road, 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. 2000-308.
113880 - Krizek/Anders
that communication from City Engineer transmitting request of Ruth Isley for a
waiver for an asphalt driveway to be located at 822 Hanna Boulevard, 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. 2000-309.
113881 - Krizek/Anders
that communication from City Engineer transmitting request of Alison Baker for
a waiver for an asphalt driveway to be located at 821 Hanna Boulevard, 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. 2000-310.
113882 - Krizek/Anders
that communication from City Engineer transmitting request of Grant L. Price
for a waiver for an asphalt overlay of the existing sidewalk section in the
driveway to be located at 165 Berkshire Road, 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. 2000-311.
113883 - Krizek/Anders
that communication from Police Chief transmitting request of Main Street
Waterloo and Waterloo Jaycees to temporarily close 4th Street from Commercial to
Sycamore Streets from noon to midnight, the 6th Street bridge from 5:00 p.m. to
midnight, and 5th Street bridge prior to the fireworks display until 10:30 p.m.,
and a variance to the Noise Ordinance from 4:00 p.m. to midnight for live bands
at the Waterloo Industries parking lot and the Courier parking lot on July 1,
2000, in conjunction with the Waterloo Fireworks Festival, be received, placed
on file and "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-312.
DOCUMENTS
113884 - Anders/Krizek
that communication from Assistant City Engineer transmitting Construction Plans
for paving, sanitary sewer and storm sewer serving Audubon Heights Second
Addition, as submitted by Wayne Claassen Engineering & Surveying, Inc., and
Sewage Treatment Agreement with Iowa Department of Natural Resources, together
with recommendation of approval, be received, placed on file and "Resolution
approving said plans and agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-313.
113885 - Anders/Krizek
that communication from City Planner transmitting Release of Real Estate
Mortgage for R & N Investments for payment of loan in conjunction with
renovation of the Metz -Sunbeam building at 325 West 3rd Street be received,
placed on file and "Resolution approving said release", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-314.
• •
June 5, 2000
• •
DOCUMENTS CONTINUED
113886 - Anders/Krizek
Page 7
that communication from Associate Engineer transmitting Completion of Project
and Recommendation of Acceptance of Work performed by Suburban Landscape
Associates, Inc., of Davenport, Iowa, in conjunction with F.Y. 1998 River Road
Parking Lot Landscaping, Contract No. 575, be received, placed on file and
"Resolution approving said documents", be adopted and two-year maintenance bond
be received and placed on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-315.
113887 - Anders/Krizek
that communication from Associate Engineer transmitting
Certificates of Insurance in the amount of $407,464.00
Service, Inc., of Waterloo, Iowa, in conjunction with F.Y
and Repair Program, Contract No. 598, be received,
"Resolution approving said documents", be adopted and
authorized to execute same. Ayes: Seven.
Contracts, Bonds and
from Borwig Building
2000 Bridge Painting
placed on file and
Mayor and City Clerk
Resolution adopted and upon approval by Mayor assigned No. 2000-316.
RESOLUTIONS TO BE ADOPTED
113888 - Anders/Murphy
that communication from City Planner transmitting offer of Bank Iowa to buy
balance of $136,866.91 note for Cedar Metal Works for $122,900.00, together
with recommendation of approval of the Revolving Loan Fund Committee, be
received, placed on file, and "Resolution approving said offer", be adopted and
Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-317.
113889 - Anders/Murphy
that communication from Assistant City Engineer transmitting request to
temporarily restrict parking on the east side of the 300 block of Court Street
from Rath to Sycamore Streets and the north side of the 1900 block of Sycamore
Street from Court Street to Dunham Place in conjunction with the F.Y. 2000
Sycamore Street Reconstruction and Vinton Street Sewer Improvements, Contract
No. 613, be received, placed on file and "Resolution approving said request",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-318.
113890 - Anders/Murphy
that "Resolution transferring funds in the amount of $1,336,995.00 from Fund
200 (Trust & Agency) to Fund 010 (General Fund) for employee benefits", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2000-319.
BILLS PAYMENT
113891 - Krizek
that "Resolution approving Schedule AP640, pp. 1-75, dated June 5, 2000, in the
amount of $2,307,625.28, 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. 2000-320.
June 5, 2000 Page 8
MISCELLANEOUS
113892 - Mayor Rooff stated that the city received a letter from Michael Taylor, owner
of Independence Avenue Liquor, informing the council that there is a law suit
pending against the owner of the Kwik Stop at 1761 Independence Avenue. Mr.
Taylor is asking that the council not approve the liquor license until the
courts have made their decision.
Jim Walsh, City Attorney, stated this is a dispute between the seller and the
buyer, and the city should not get involved. Mr. Walsh stated that the law
suit has nothing to do with the license.
Anders/Getty
that the letter from Michael Taylor be received and placed on file. Ayes:
Seven. Motion carried.
113893 - Getty/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 and applications for Outdoor Service Area
and Fireworks Display License permits be received, placed on file and approved.
1. Beer/Liquor License Permit Application
Class C
Old Timers Corp, 735 Logan Avenue (Renewal) (Expires 6/17/01) (Includes
Sunday Sales)
New Mandarin Cafe, 510 Mulberry Street (New) (Expires 6/15/01) (Includes
Sunday Sales)
Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/01)
2. Beer License Permit Application
Class B
Pizza Hut, 2825 Crossroads Boulevard (New) (Expires 6/5/01) (Includes
Sunday Sales)
Garfield's Cafe, Inc., 2820 Falls Avenue (Renewal) (Expires 6/14/01)
Main Street Waterloo, 100 block of West 4th Street (Temporary - 7/1/00 to
7/5/00) (Includes Sunday Sales)
3. Beer License Permit Application
Class C
Metro #66, 3201 West 4th Street (Renewal) (Expires 6/30/01) (Includes
Sunday Sales)
Kwik Star, 1636 West 4th Street (Renewal) (Expires 7/29/01) (Includes
Sunday Sales)
Kwik Star, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/01) (Includes
Sunday Sales)
Kwik Star, 324 Fletcher Avenue (Renewal) (Expires 7/21/01) (Includes Sunday
Sales)
Kwik Star, 707 Broadway Street (Renewal) (Expires 7/21/01) (Includes Sunday
Sales)
Kwik Star, 1214 Franklin Street (Renewal) (Expires 7/21/01) (Includes
Sunday Sales)
Kwik Stop, 1761 Independence (New) (Expires 5/13/01) (Includes Sunday
Sales)
4. Liquor License Permit Application
Class E
Kwik Stop, 1761 Independence (Renewal) (Expires 5/13/01) (Includes Sunday
Sales)
5. Application for Fireworks Display
Sunnyside Country Club, 1600 Olympic Drive, July 4, 2000
6. Application for Outdoor Service Area
Benjamin Downtown Pub, 501 W. 4th Street (6/9/00 thru 9/30/00)
Ayes: Seven. Motion carried.
BONDS
113894 - Jordan/Gronen
that the report of the City Attorney and list of bonds filed with the City
Clerk through June 5, 2000, be received, placed on file and report and bonds be
approved. Ayes: Seven. Motion carried.
• •
June 5, 2000
• •
ADJOURNMENT
113895 - Jordan/Gronen
that the Council adjourn at 6:18 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk
Page 9