HomeMy WebLinkAbout09/19/94September 19, 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, September 19, 1994. Mayor R. Rooff in the
Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Reverend Kenneth Fineran, Grace United Methodist Church
Pledge of Allegiance: Brianna Cutsforth--Troop 346 and Shari Cutsforth.
Recognition of Week: Village Inn Pancake House, Tom and Maureen Porth, Owners
103559 - Mollenhoff/Murphy
that the Agenda, as amended, for the Regular Session on Monday, September 19, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103560 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, September 12, 1994
at 7:00 p.m., and the Special Session on Wednesday, September 14, 1994 at 4:30 p.m.,
be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a Proclamation declaring October 2, 1994 as American Diabetes
Association Walktoberfest Day.
Recognition of promotion of Dennis Duggan, Assistant Chief; Tim Powers, Lieutenant;
Brett Bredman, Medical Supervisor; Larry McKinney, Training Officer.
Presentation to Mayor Rooff and Council by Tom Powers and Rick Gesie on behalf of
the Muscular Dystrophy Association.
Presentation to Mayor Rooff and Council by CCI and Ron Welpen - Neighbors Helping
Neighbors.
ADJOURNED HEARING
103561 - HOLD HEARING --This being the time and place of public hearing on request of Virgil
Eilers to rezone from "R-2" One & Two Family Residence District to "M-1" Light
Industrial District property generally located at the end of Columbia Street where
it intersects with vacated Litchfield Avenue to continue operating a pallet repair
and storage business, the Mayor called for written and oral objections.
Mollenhoff/Murphy
that the petition of objection containing signatures of persons owning approximately
21.1 percent of the surrounding property within 250 feet of the request be received
and placed on file. Ayes: Seven. Motion carried.
103562 - Peter Mullesch, 1519 Columbia St, informed the Council that area residents had a
number of concerns about the location of the pallet business in their neighborhood.
Mr. Mullesch stated that residential owners are worried about termite infestation
and any lowering of property values due to the location of the business operations.
He reviewed past actions by the previous Council in the denial of the past rezoning
request by Mr. Eilers. He stated that Mr. Eilers has operated in non-compliance
since that denial for re -zoning and received continuances based on the application
for re -zoning. Mr. Mullesch reassured the Council that this was not a neighborhood
dispute and that area residents wanted to keep their neighborhood clean.
Mr. Mike Pedersen, 501 Sycamore St, addressed the Council as the attorney for Mr.
Eilers. Mr. Pedersen disagreed with the previous speaker's statement that this was
not a neighborhood dispute. Mr. Eilers has stopped neighbors from driving over his
property as a form of egress and believes this is the cause of the dispute. Mr.
Eilers would like to be left alone to do business without undue distraction to the
neighboring residents. Mr. Pedersen pointed out that the rezoning request needs to
be evaluated based on the fact that the B. Schulz Salvage yard is the neighboring
property to Mr. Eilers and the Salvage yard dominates the area and ultimately
determines the character of the neighborhood. The lack of a buffer zone between the
"M-1" Light Industrial Zone and the Residential Zone is a result of the growth of
the salvage yard. Neighbors are not disrupted by the noise of the pallet business
and fencing and vegetation assist in screening the business from the street. Mr.
Pedersen informed the Council that the termite infestation was caused by the
property formerly being a location for a saw mill and Mr. Eilers does store the
pallets on concrete slabs to help alleviate any termite infestation.
Getty/Collier
that the hearing be closed and the recommendation of the Planning, Programming and
Zoning Commission to rezone to "C-1" Commercial District/"C-Z" Conditional Zoning
and written and oral comments be received and placed on file. Ayes: Seven. Motion
carried.
September 19, 1994 Page 2
Adjourned Hearing - continued
Councilperson Jordan requested that Councilperson Anders review his perceptions of
the property as it relates to the rezoning request. Councilperson Anders stated
that the property appearance is clean with a privacy fence blocking any unsightly
view from neighboring residences. The noise of the salvage yard does dominate the
neighborhood and any noise made by Mr. Eilers is minimal in comparison. Don
Temeyer, City Planner, was asked to review the reasons for the denial by the past
administration and stated that the petition by neighbors was supported by that
administration. Mr. Temeyer familiarized the Council with the conditional zoning
requirements.
103563 - Murphy/Anders
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 58 to Section 2A -7N Conditional Rezoning Certain Property",
be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
103564 - Anders/Mollenhoff
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
103565 - Getty/Collier
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: Seven.
Motion carried.
103566 - Mollenhoff/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 58 to Section 2A -7N Conditional Rezoning Certain Property",
be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4039.
HEARINGS
103567 - Mollenhoff/Jordan
that proof of publication of notice of public hearing on request of Cedar Valley
Building Company on the proposed "R -4,R -P" Planned Residential District site plan
for property generally located southeasterly of the intersection of Kamille Court
and Bradley Road, as published in the Waterloo Courier on September 9, 1994, be
received and placed on file. Ayes: Seven. Motion carried.
103568 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Krizek/Collier
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
103569 - Murphy/Jordan
that "Resolution approving said site plan", be adopted Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-445.
103570 - Jordan/Murphy
that proof of publication of notice of public hearing on amendments to Zoning
Ordinance No. 2479, as amended, as it pertains to height of transmission towers in
Agricultural, Commercial and Industrially Zoned areas, as published in the Waterloo
Courier on September 9, 1994, be received and placed on file. Ayes: Seven. Motion
carried.
103571 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Anders/Mollenhoff
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
103572 - Jordan/Collier
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
as it pertains to height of transmission towers in Agricultural, Commercial and
Industrially Zoned areas", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
September 19, 1994
Hearings - continued
103573 - Murphy/Mollenhoff
Page 3
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes; Seven. Motion carried.
103574 - Collier/Murphy
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: Seven.
Motion carried.
103575 - Jordan/Collier
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
as it pertains to height of transmission towers in Agricultural, Commercial and
Industrially Zoned areas", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4040.
PETITIONS FROM PUBLIC
103576 - Krizek/Jordan
that communication from Administrative Director transmitting request from the
Waterloo Downtown Council for a variance to the Noise Control Ordinance and to close
West Fourth Street from Commercial Street to Jefferson Street on Friday, September
23, 1994, from 5:00 p.m. to 11:00 p.m. in conjunction with "Downtown's Cookin"
event, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-446.
103577 - Mollenhoff/Jordan
that communication from City Planner transmitting request of Jim Hekel to rezone
from "R-4" Multiple Family Residence District to "C-1" Commercial District property
generally located at the intersection of Canterbury Court and Brookeridge Drive to
construct a commercial building, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as October 10, 1994 at 7:00 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-447.
103578 - Anders/Murphy
that communication from City Planner transmitting request of Ellen Herbert to rezone
from "R-2" One and Two Family Residence District to "R-4" Multiple Family Residence
District property generally located at 1055 Longfellow Avenue for the purpose of
converting the existing commercial building to a beauty shop, together with
recommendation of approval of the Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as October 10, 1994
at 7:00 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-448.
103579 - Jordan/Collier
that communication from City Planner transmitting request of James Moses and Barbara
M. Van Arsdale to vacate, sell and convey the easterly 141 feet of the east -west
alley generally located between N. Barclay and Peek Streets, north of Newell Street
for $690.90, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as October 3, 1994 at 7:00 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-449.
REPORTS
103580 - Mollenhoff/Collier
that communication from Deputy Finance Manager transmitting Fiscal Year 1994 Annual
Financial Report to be filed with the Auditor of the State of Iowa, be received,
placed on file and "Resolution approving said report", be adopted and City Clerk
authorized to submit same to State Auditor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-450.
September 19, 1994
DOCUMENTS
103581 - Jordan/Mollenhoff
Page 4
that communication from Personnel Director transmitting Employee Assistance Program
Agreement with Mental Health and Chemical Dependency Associates, together with
recommendation of approval, 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. 1994-451.
103582 - Murphy/Jordan
that communication from City Planner transmitting contract with RUST Environment and.
Infrastructure Inc. for design and construction -related services in conjunction with
the FY 1995 East Park Avenue Parking Ramp Expansion, Contract No. 479, 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 discussion was heard.
Pierre Denault, 205 Lovejoy, requested an itemization of the costs for the contract
that was being awarded. Mr. Don Temeyer, City Planner, divulged that the design
costs were estimated at $130,000 and the inspection costs at $160,000 in the
contract submitted by RUST. Staff solicited bids from 10 local firms; however, the
RUST bid was the only proposal received.
Following discussion, a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-452.
103583 - Murphy/Jordan
that communication from City Engineer transmitting Iowa Department of Transportation
Application to Perform Work Within State Highway Right of Way to allow Waterloo
Warehousing & Service Co., Inc. to remove and replace 250 feet of right of way fence
to install buried 4" PVC conduit on property located along the Highway 218 right of
way adjacent to their property at 324 Duryea Street, be received, placed on file and
"Resolution approving said application", be adopted and Mayor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-453.
103584 Getty/Krizek
that communication from Police Chief transmitting lease agreement for storage
building for seized vehicles, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-454.
103585 - Jordan/Collier
that communication from Community Development Administrator transmitting Home
Investment Partnership Program Master Contract and Funding Agreement with the Iowa
Department of Economic Development in the amount of $250,000 for use in a Rental
Rehabilitation Program, 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. 1994-455.
103586 - Murphy/Mollenhoff
that communication from Fire Chief transmitting revised Northeast Iowa Response
Group (NIRG) 28E Agreement, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-456.
RESOLUTIONS TO BE ADOPTED
103587 Collier/Krizek
that "Resolution approving the acquisition contract payment in the amount of
$2,700.00 and accepting the deed for Parcel 30E (Earl Burt) in conjunction with the
Martin Luther King Jr. Drive project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-457.
September 19, 1994
Resolutions to be Adopted - continued
103588 - Krizek/Collier
Page 5
that "Resolution approving the acquisition contract payment in the amount of $200.00
and accepting the deed for Parcel No. 23E (James & Margaret Cockhren) in conjunction
with Martin Luther King Jr. Drive project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-458.
103589 - Anders/Mollenhoff
that "Resolution approving the acquisition contract payment in the amount of
$120,000.00 and accepting the deed for 724 E. Sycamore Street (Powers Engineering
& Manufacturing, Ltd.) in conjunction with downtown parking improvements", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-459.
103590 - Mr. Don Temeyer, City Planner, informed the Council that in all likelihood the
process for changing the street name would not take place until July 1995. This
would enable residents to complete the address change notices in time for the next
issue of the telephone books and city directory.
Collier/Jordan
that "Resolution designating a portion of John Street between East 4th and Ankeny
Streets as Mosley Street, to become effective on July 1, 1995", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-460.
103591 - Krizek/Jordan
that "Resolution approving the Waterloo Housing Authority Comprehensive Improvements
Assistance Program (CIAP) Budget HUD -52825 for $145,100 for kitchen cabinets,
counter tops, kitchen sink replacement and exterior siding at Ridgeway Towers, 225
W. Ridgeway", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-461.
ORDINANCE TO BE ADOPTED
103592 - Anders/Jordan
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, Chapter 14, Fire Prevention and Protection, as it pertains to annual life
safety permits, licenses, and certification fees, and flammable combustible liquids
(deferred from August 22, 1994)", be deferred to September 26, 1994. Ayes: Seven.
Motion carried.
BILLS PAYMENT
103593 - Krizek
that "Resolution approving Schedule A918, pp. 1-58, dated September 19, 1994, in the
amount of $2,383,670.94, a copy of which is on file in the City Clerk's office", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-462.
NEW BUSINESS
103594 - Mollenhoff/Jordan
that communication from Director of Personnel transmitting recommendation of
appointment of Tim Mrozek to the position of Traffic Engineer to be effective at a
mutually agreed upon date, be received, placed on file and approved. Ayes: Seven.
Motion carried.
Travel Request
103595 - Krizek/Jordan
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Richard Grimm, Superintendent of Streets/Sanitation, to attend Western Snow & Ice
Fleet Management Conference in Greeley, Colorado on October 12-14, 1994, with
costs not to exceed $855.00.
Ayes: Seven. Motion carried.
September 19, 1994 Page 6
MISCELLANEOUS
103596 - Getty/Murphy
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 License Permit Application
Class B
Shakey's Pizza & Buffet, 106 Brookeridge (Renewal) (Expires 9/22/95) (Includes
Sunday Sales)
National Cattle Congress Exhibition, 300 Rainbow (Renewal) (Expires 9/19/95)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Kum & Go, 3016 Mamie Avenue (Renewal) (Expires 10/17/95) (Includes Sunday
Sales)
3. Beer/Liquor License Permit Application
Class C
Convair Room, 2790 Airport Boulevard (Renewal) (Expires 9/23/95) (Includes
Sunday Sales)
The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/95) (Includes
Sunday Sales)
National Dairy Cattle Congress/Waterloo Greyhound Park, 3250 Greyhound Drive
(Renewal) (Expires 9/25/95) (Includes Sunday Sales)
Piano Bar, 226 West 5th Street (Renewal) (Expires 10/20/95)
4. Beer/Wine License Permit Application
Class E
Quik Trip #526, 1976 Franklin Street (Renewal) (Expires 10/24/95) (Includes
Sunday Sales)
Ayes: Seven. Motion carried.
103597 - Mollenhoff/Jordan
that the following application for outdoor service area be received, placed on file
and approved:
Application for Outdoor Service Area
Holiday Inn Convention Center, 205 West 4th Street (one day --9/23/94)
Ayes: Seven. Motion carried.
103598 - Getty/Jordan
that the following application for license for recycling yard be received, placed
on file and approved:
Application for License for Recycling Yard
R & M Metals, Inc., 1524 Grandview
Ayes: Seven. Motion carried.
103599 - Jordan/Krizek
that the following application for fireworks display be received, placed on file and
approved:
Application for Fireworks Display
Huckleberrys Dining Emporium, 722 Water Street for September 30, 1994
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
103600 - Mr. Joe Phillips, 726 Logan Avenue, requested the Council approve his liquor
license. Mayor Rooff directed staff to place the license on the agenda for the
Council Work Session on Thursday, September 22, 1994 for review and approval.
Leonard Zell, 2936 East Fourth Street, observed that the Mayor and Council did not
attend any of the question and answer forums presented by Casino Magic. Mr. Zell
urged the Council and Mayor to support the gambling referendum.
Pierre Denault, 205 Lovejoy, commended the Council and Mayor for the successes
identified in the State of the City Address. Mr. Denault expressed his
dissatisfaction with the re -opening of the six corners intersection, the fact that
Prospect Boulevard was not completed by school opening as promised and the delay of
the Vermont Street construction. Mr. Denault perceives that project management for
City streets is inefficient. Mr. Denault questioned whether the fault lies with
contractors taking on too many jobs or employing too small of staff or if the City
has left the contracts open ended which allows for the delays.
September 19, 1994 Page 7
Oral Presentations - continued
Ernie Boykin, PO Box 1801, pointed out that the new intersection of East Fourth
Street and Walnut has an incline. Mayor Rooff directed Eric Thorson, City Engineer,
to inspect this area. Ms. Boykin identified that the Pony Express property on
Franklin Street across from -EXPO School has weeds growing on it and needs to be
cleaned up. This item was referred to Operation Pride.
James Robison, 1555 Newell Street, requested an explanation of the criteria for
placement of items on the agenda. Mayor Rooff informed Mr. Robison that if the item
needs action taken by the Council it should be submitted to the City Clerk's office
for approval by the Mayor. If the item is one of discussion or complaint it may
either be done as an oral presentation or by setting up a meeting with the involved
personnel.
Pierre Denault, 205 Lovejoy, requested that the City establish a development plan
for the City. This plan would assist with zoning changes and help the Silo's and
Smokestacks movement.
Jordan/Murphy
that the above oral comments be received, placed on file and that the Council
adjourn at 8:35 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk