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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