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HomeMy WebLinkAbout07/11/94July 11, 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, July 11, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Councilperson Frank Mollenhoff Pledge of Allegiance: Junior Troop #271 --Erin Hagerstrom, Lauren McDonald, Stephanie McDonald, Valerie Pickett and Linda McDonald and Jill Picket, Leaders. Recognition of Week: Coast to Coast/Ben Franklin, Logan Plaza, Stan Nielsen, Owner 103223 - Mollenhoff/Krizek that the Agenda, as amended, for the Regular Session on Monday, July 11, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 103224 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Tuesday, July 5, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff and Council Members welcomed the delegations from Kazakhstan and Kyrgzstan. They are here for five weeks learning our ways in agricultural and business. The delegations were presented gifts of collectible police cards, caps with fire insignia, Waterloo pins, and My Waterloo Days t -shirts on behalf of the City. HEARINGS 103225 - Anders/Mollenhoff that proof of publication of notice of public hearing on request of Wendy Lamos to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District/"C- Z" Conditional Zoning property generally located on the northeast corner of Brookeridge Drive and Canterbury Court to locate former Les Dolls women's apparel shop, as published in the Waterloo Courier on June 30, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103226 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Ayes: Seven. Motion carried. 103227 - Jordan/Krizek that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 53 to Section 2A -7N Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103228 - Murphy/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103229 - Collier/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: Seven. Motion carried. 103230 - Mollenhoff/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 53 to Section 2A -7N Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4023. 103231 - Jordan/Anders that proof of publication of notice of public hearing on request of Quakerdale Home to vacate, sell and convey a portion of street right of way adjoining South Barclay Street for $469.00, plus compensating the city for driveway improvements in the amount of $2,173.52, as published in the Waterloo Courier on June 30, 1994, be received and placed on file. Ayes: Seven. Motion carried. July 11, 1994 Page 2 Hearings - continued 103232 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mollenhoff/Collier that the hearing be closed and the 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. 103233 - Jordan/Krizek that "an Ordinance vacating a portion of street right of way adjoining South Barclay Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103234 - Collier/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103235 - Krizek/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. 103236 - Jordan/Collier that "an Ordinance vacating a portion of street right of way adjoining South Barclay Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4024. 103237 - Mollenhoff/Krizek that "Resolution authorizing sale and conveyance of a portion of street right of way adjoining South Barclay Street to Quakerdale Homes for $469.00, plus compensation to the city for driveway improvements in the amount of $2,173.52", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-331. 103238 - Krizek/Jordan that proof of publication of notice of public hearing on request of Scott and Samantha Flodeen to vacate the five (5) foot utility easement generally located along the south lot line of 517 Creston Avenue to construct a garage in the back yard, as published in the Waterloo Courier on June 30, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103239 - HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan that the hearing be closed and written and oral comments be received and placed on file. Ayes: Seven. Motion carried. 103240 - Jordan/Collier that "an Ordinance vacating the five (5) foot utility easement generally located along the south lot line of 517 Creston Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103241 - Krizek/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103242 - Collier/Jordan 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. 103243 - Mollenhoff/Murphy that "an Ordinance vacating the five (5) foot utility easement generally located along the south lot line of 517 Creston Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4025. July 11, 1994 PETITIONS FROM PUBLIC 103244 - Mollenhoff/Krizek Page 3 that communication from City Engineer transmitting request of Roger M. Downs for a waiver for a concrete driveway to be located at 147 Oak Ridge 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. 1994-332. 103245 - Mollenhoff/Krizek that communication from City Engineer transmitting request of Marty Metcalf for a waiver for a concrete driveway to be located at 267 Southcrest Drive, 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. 1994-333. DOCUMENTS 103246 - Jordan/Collier that communication from Administrative Director transmitting the proposed project management agreement with The Energy Group Company, Inc. (T.E.G.) to increase the energy efficiency of city facilities and a proposed promissory note to pay the Iowa Department of Natural Resources to delay payment on the amount due on the energy audit agreement dated May 10, 1994, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-334. 103247 - Getty/Collier that communication from Administrative Director transmitting Change Order No. 1 for a net increase of $850.85 for work performed by Prairie Construction Co., Inc. of Waterloo, Iowa in conjunction with Water Slides for Byrnes and Gates Park Pools, be received, placed on file and approved and Administrative Director authorized to execute same. Ayes: Seven. Motion carried. 103248 - Murphy/Jordan that communication from Administrative Director transmitting Certificate of Substantial Completion for work performed by Prairie Construction, Co., Inc. in conjunction with Water Slides for Byrnes and Gates Park Pools, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-335. 103249 - Mollenhoff/Jordan that communication from Administrative Director transmitting an agreement with Wayne Claassen Engineering, Inc. of Waterloo, Iowa, for the study and design of the Northwest Interceptor Sewer, together with zecommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-336. 103250 - Getty/Mollenhoff that communication from Housing Director transmitting Change Order No. 2 for a net increase of $2,739.63 and Change Order No. 3 for a net increase of $850.00 for work performed by Beck -Ericson, Inc. of Cedar Falls, Iowa, in conjunction with the Family Public Housing Program, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 103251 - Murphy/Collier that "Resolution accepting and approving acquisition contract payments and accepting the deeds for Parcel No. 25E (Elizabeth Backstrom) in the amount of $840.00 and Parcel No. 35E (Jamel R. Phillips) in the amount of $635.00 in conjunction with the Martin Luther King, Jr. Drive project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-337. July 11, 1994 Resolutions to be Adopted - continued 103252 - Anders/Mollenhoff Page 4 that "Resolution authorizing the purchase from the Iowa Department of Transportation property acquired in conjunction with Relocated Highway 218 generally located at the north side of Upton at Magnolia Parkway", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-338. 103253 - Getty/Mollenhoff that "Resolution authorizing certification against property taxes certain unpaid garbage and sewer fees", be adopted. Ayes: Six. Nays: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-339. 103254 Mollenhoff/Collier that "Resolution authorizing commencement of condemnation proceedings for Parcel No. 23 (218 Douglas), Parcel No. 30 (626 Mobile), Parcel No. 36 (416 Douglas), Parcel No. 37 (325 Beech), Parcel No. 39 (601 Douglas) and Parcel No. 49 (331 Beech) in conjunction with Martin Luther King, Jr. Drive project, HDP -9107(1)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-340. ORDINANCE TO BE ADOPTED 103255 - Krizek/Jordan that the second reading of "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", be deferred to the August 8, 1994 Council meeting. Ayes: Seven. Motion carried. BILLS PAYMENT 103256 - Krizek that "Resolution approving Schedule A918, pp. 1-61, in the amount of $2,961,435.19, dated July 11, 1994, a copy of which is on file in the Clerk/Auditor's office, with the deletion of PV 90683 in the amount of $23,761.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-341. MISCELLANEOUS 103257 - Getty/Murphy 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 License Permit Application Class C Dell Oil, 90 West 18th Street (Renewal) (Expires 7/31/95) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 103258 - Getty/Mollenhoff that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 11, 1994, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 103259 Tom Anderson, 404 Wendell Court, stated that his stepdaughter had been called names and slanderous remarks were made against her, and he was inquiring what had to be done to file a complaint against the person involved. Police Chief Bernal Koehrsen will meet with Mr. Anderson following the council meeting to discuss this complaint. Tom Hall, 303 Logan, stated he is concerned with kids riding their bikes at nighttime without head lights or reflectors on the bikes. He is also concerned with who is liable if any of these kids are hit by a car. Assistant City Attorney Sang -Ki Han will visit with Mr. Hall in regard to his concern. July 11, 1994 Page 5 Oral Presentations - continued Paul Huting, Superintendent of Parks, reported he had received a letter from kids in the Bontrager Park area, containing approximately 60 signatures, who are concerned with the playground equipment that was removed from the park. He stated the Parks Department is in the process of replacing the equipment and it should be completed within a week. 103260 - Assistant City Attorney Sang -Ki Han stated that discussion of acquisition of property is an approved topic of Executive Session as approved by Section 21.5(1)(j). Jordan/Mollenhoff that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. 103261 - Mollenhoff/Jordan that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 103262 Krizek/Mollenhoff that the Council adjourn at 8:38 p.m. Ayes: Seven. Motion carried. Tom Campbell Acting Clerk/Auditor