HomeMy WebLinkAbout10/24/94October 24, 1994
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, October 24, 1994. Mayor John R. Rooff in
the Chair. Roll Call: Jordan, Krizek, Mollenhoff, Anders, Murphy, Getty. Absent: Collier.
Mayor Rooff remembered the victims and the lone survivor of the explosion at Buzz's Bar and
their families. Fire and medical crews arrived on the scene within four minutes of the
initial call and the last surviving victim was transported to the hospital within 14 minutes.
Various activities have been arranged to help the victims' families with their short term
financial needs. A community -wide memorial fund has been established through the National
Bank of Waterloo. The Black Hawk Chariots have organized a wheelchair basketball game to be
played at Central Intermediate School on November 20 from 1:00 to 3:00 p.m., with all
proceeds to be donated to the memorial fund. The Homeland Volunteers are in the initial
stages of setting up a dance to be held at the Knights of Columbus within the next three to
four weeks.
Mayor Rooff asked that a moment of silence be observed for the lone survivor, Dale Holien,
and the families of the victims.
Mayor Rooff thanked members of the Fire and Police Departments, and other agencies and
individual citizens that helped during the explosion at Buzz's Bar.
Invocation by: Reverend Marvin Cleair, Kimball Avenue United Methodist Church
Pledge of Allegiance: Cub Scout Pack #549 --David Hacker, Kirk Olson, Tyrone Thompson,
Charles Stocks, Damien Stocks, Earl Harmon and Antonio Ivory.
Recognition of Week: WBM Marine Corp., Robert Briden, President
103732 - Mollenhoff/Jordan
that the Agenda, as amended, for the Regular Session on Monday, October 24, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion
carried.
103733 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, October 17,
1994, at 7:00 p.m., and the Minutes of the Special Session on Tuesday, October 18,
1994 at 4:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier.
Motion carried.
Mayor Rooff thanked the following volunteers and presented them with certificates
of appreciation for their help with the corvette raffle sale: Kristal Schmadeke,
Melissa Everhart, Tom Emeric, Renee Faust, Todd Engels, Tony Diamond, Julie
Ehlers, James Heiser, Wanda Sauerbrei, and Linda Rekward. The raffle raised
$24,834 which is more than three times the value of the corvette.
HEARINGS
103734 - Mollenhoff/Jordan
that proof of publication of notice of public hearing on request of Little River
Development to rezone from "M-1" Light Industrial District to "R-4" Multiple
Family Residence District property generally located at 3217 Marnie Avenue to
construct a multi -family housing development, as published in the Waterloo Courier
on October 6, 1994, be received and placed on file. Ayes: Six. Absent:
Collier. Motion carried.
103735 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Walt Donahue, 3452 Georgetown Drive and president of the Kingswood Condominium
Association, expressed concern about access onto Kingswood Place, stormwater
drainage, sewer capacity in the area and the overall type of development.
Don Temeyer, City Planner, stated that Little River Development Co. is proposing
to construct a new multi -family housing development consisting of no more than 144
apartments. They have agreed to work with the City Engineer on a closure plan,
and have agreed to abide by the 100 year flood plain. A 12 inch sanitary sewer
will not be hooked up to the storm sewer and will be adequate for that
development. Mr. Temeyer reported that the city is looking for ways to alleviate
the ponding of water in the area during heavy rain, and that the problem is due
to inadequate culvert in Kingswood and not the developer's plans. Mayor Rooff
requested that Mr. Temeyer review the ponding problem and report back to the
council.
Murphy/Krizek
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission, subject to the letter of conditions, and
written and oral comments be received and placed on file. Ayes: Six. Absent:
Collier. Motion carried.
October 24, 1994 Page 2
Hearing - continued
103736 - Jordan/Murphy
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 284 to Section 2A-5 Rezoning Certain Property", be
received, placed on file, considered and passed for the first time. Ayes: Six.
Absent: Collier. Motion carried.
103737 Mollenhoff/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried.
103738 - Getty/Krizek
that the following ordinance be recorded as having been considered and passed for
the second and third times and now placed on its final adoption. Ayes: Six.
Absent: Collier. Motion carried.
103739 - Mollenhoff/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 284 to Section 2A-5 Rezoning Certain Property", be
adopted. Ayes: Six. Absent: Collier.
Ordinance adopted and upon approval by Mayor assigned No. 4048.
PETITIONS FROM PUBLIC
103740 - Jordan/Murphy
that communication from City Engineer transmitting request of Taylor Baker for a
waiver for a concrete driveway to be located at 4063 Suburban Drive, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-508.
DOCUMENTS
103741 - Krizek/Jordan
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Denver Construction, Inc. in the amount of
$50,267.80 in conjunction with F.Y. 1995 Donald Street Drainageway, Contract No.
478, be received, placed on file and "Resolution approving said documents", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent:
Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-509.
103742 - Getty/Murphy
that communication from City Planner transmitting a lease agreement with the Iowa
Department of Transportation at an annual cost of $3,300.00 to allow construction
of parking lots under the U.S. 218 viaduct, together with recommendation of
approval, be received, placed on file and "Resolution approving said agreement",
be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-510.
103743 - Krizek/Murphy
that communication from City Planner transmitting an agreement with the State of
Iowa Department of Economic Development for a $1,431,000.00 Community Development
Block Grant, with a required local match of $954,000.00, for the Ansborough Black
Hawk Creek Pumping Station, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-511.
103744 - Jordan/Murphy
that communication from City Planner transmitting an addendum to the design
contract with RUST Environment and Infrastructure at a cost of approximately
$90,000.00 to design the fourth level on the East Park Avenue ramp, together with
recommendation of approval, be received, placed on file and "Resolution approving
said contract", be adopted and Mayor authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
October 24, 1994 Page 3
Documents - continued
Councilperson Getty reported that a representative from RUST Environment &
Infrastructure explained the addendum to the Building & Grounds Committee earlier
in the evening, and it was Mr. Getty's understanding that the design includes four
bid alternatives as the city is unsure of funding for the fourth level.
Councilperson Jordan stated that a year from now the cost to design the fourth
level would be approximately $130,000 compared with $90,000 if approved along with
the third level.
Joe Becker, Division Manager for RUST Environment & Infrastructure, explained the
four bid alternatives, which include a base bid (one additional level), Alternate
No. 1 (one additional level with Lafayette stair tower), Alternate No. 2 (two
additional levels), and Alternate No. 3 (two additional levels with Lafayette
stair tower). He reiterated that if level 4 is included in the design and funds
are not available, this design would be good for three or four years. Mr. Becker
estimated that bidding both level 3 and level 4 at the same time would result in
a 35 percent savings.
Getty/Mollenhoff
that the addendum to the design contract with RUST Environment and Infrastructure
at a cost of approximately $90,000.00 to design the fourth level on the East Park
Avenue ramp be tabled to November 7, 1994 and a council work session be scheduled
prior to the council meeting. Ayes: Six. Absent: Collier. Motion carried.
103745 - Mollenhoff/Jordan
that communication from Assistant City Engineer transmitting recommendation of
acceptance of plat improvements for Audubon Heights Addition, be received, placed
on file and "Resolution approving said plat improvements", be adopted and that the
two-year maintenance bond from Cedar Valley Corporation, be received and placed
on file. Ayes: Six. Absent: Collier. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 1994-512.
103746 - Anders/Murphy
that communication from City Clerk transmitting a contract with the State of Iowa
for Juvenile Crime Prevention Community Grant in the amount of $102,000.00 for the
Village Initiative Mentoring Project, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor authorized to execute same. Ayes:
Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-513.
103747 - Mollenhoff/Jordan
that the agreement with ENRON, Northern Natural Gas Company to allow the use of
premises located at 1508 Schrock Road for training purposes by Waterloo Fire
Rescue on October 26, 27 and 28, 1994, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-514.
ORDINANCE TO BE ADOPTED
103748 - Krizek/Mollenhoff
that "an Ordinance repealing Article II, Hotel and Motel Tax, of Chapter 33 3/4,
Taxation, of the 1993 Code of Ordinances of the City of Waterloo; and enacting in
lieu thereof a new Article II, Hotel and Motel Tax, of Chapter 33 3/4, Taxation
(allocation of funds) ", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Collier. Motion carried.
Travel Requests
103749 - Krizek/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Steve Bagenstos, Crime Lab Officer, to attend Iowa Division of the
International Association for Identification 1994 Fall Education Conference
in Carroll, Iowa on November 3-4, 1994, with costs not to exceed $180.00,
including the use of city vehicle.
2. Walter Reed, Jr., Human Rights Executive Director, to attend the 47th Annual
National Association of Human Rights Workers Conference in Knoxville,
Tennessee on October 26-30, 1994, with costs not to exceed $1,106.00,
including the use of city vehicle.
October 24, 1994 Page 4
Miscellaneous - continued
3. Brett Bredman, Medical Supervisor, to attend Iowa Emergency Medical Service
Association meeting in Des Moines, Iowa on October 27-29, 1994, with costs
not to exceed $275.00, including the use of city vehicle.
Ayes: Six. Absent: Collier. Motion carried.
MISCELLANEOUS
103750 - Murphy/Getty
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor
Control Department:
1. Beer/Wine License Permit Application
Class E
Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 11/5/95) (Includes
Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
Packers Inn, 201 Rath Street (New Owner) (Expires 11/1/95) (Includes Sunday
Sales)
The Ground Round, 1425 E. San Marnan Drive (Renewal) (Expires 11/26/95)
(Includes Sunday Sales)
Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/95)
(Includes Sunday Sales)
The Dispensary, 2122 Kimball Avenue (New Owner) (Expires 10/30/95) (Includes
Sunday Sales)
El Charro, 302 West 4th Street (Renewal) (Expires 11/8/95)
The Jet Tavern, 451 W. Parker (Renewal) (Expires 11/1/95) (Includes Sunday
Sales)
Ayes: Six. Absent: Collier. Motion carried.
BONDS
103751 - Getty/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through October 24, 1994, be received, placed on file and report and bonds be
approved. Ayes: Six. Absent: Collier. Motion carried.
ORAL PRESENTATIONS
103752 - Bruce Kaesser, 1730 Easton Avenue, requested that a curb cut be made in front of
the 501 Sycamore Building to improve handicap accessibility to that area. Eric
Thorson, City Engineer, stated that there is a handicap stall on each end of the
500 block of Sycamore Street with ramps and a handicapped stall is available in
the middle of the block. Mayor Rooff instructed Mr. Thorson to investigate if a
metal ramp could be used in front of the Sycamore Building which would make it
handicap accessible.
Jordan/Murphy
that the above oral comments be received and placed on file. Ayes: Six. Absent:
Collier. Motion carried.
103753 - City Attorney James Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session as approved by Iowa Code Section 21.5(1)(j).
Getty/Mollenhoff
that the Council adjourn to Executive Session. Ayes: Six. Absent: Collier.
Motion carried.
EXECUTIVESESSION
103754 - Mollenhoff/Krizek
that the Council adjourn the Executive Session. Ayes: Six. Absent: Collier.
Motion carried.
103755 - Jordan/Murphy
that city staff be authorized to proceed with acquisition of the Browning and Yen
Ching Restaurant properties. Ayes: Six. Absent: Collier. Motion carried.
103756 - Mollenhoff/Krizek
that the Council adjourn at 9:05 p.m. Ayes: Six. Absent: Collier. Motion
carried.
Nancy Eckert
Deputy City Clerk ' "