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HomeMy WebLinkAbout06/06/94June 6, 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., Monday June 6, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Anders, Murphy, Getty. Absent: Mollenhoff. Invocation by: Major Ted O'Dell of the Salvation Army Mayor Rooff asked for a moment of silence on this the 50th anniversary of the invasion of Normandy and honor all those who have given of their lives that we would remain free. Mayor Rooff also asked for a moment of silence for Street Superintendent Richard Grimm who lost a granddaughter today and that our prayers and thoughts are with him and his family. Pledge of Allegiance: Gift of Life Sunday School Class --Corey Mosley, and Cub Scouts Pack 10 Roosevelt School --Danny Scholtz, Matthew Mishler, Dale Schultz, Chris Mangin, Andy Neill and Boy Scout Tim Schultz. Recognition of Week: Sookie's Restaurant, Helen and Manuel Seenster. Recognition of Five Called Back Fire Fighters --Martin Weeks, Shawn Burt, Kevin Lee, Anthony McGrane and Shelly Davis. 103049 - Anders/Murphy that the Agenda, as proposed, for the Regular Session on Monday, June 6, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. 103050 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, May 23, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. Presentation by Band Conductor Bill Shepard of an award to the Waterloo Community Concert Band from the Iowa Band Masters Association. Mr. Shepard wished to thank Mayor Rooff and the City Council for their support of all the Fine Arts and especially, their support for the Waterloo Community Concert Band. He stated their first concert of the year will be June 9, 1994 in Byrnes Park at 7:30 p.m. and the guest conductor will be Mayor Rooff for one of the selections of the evening. HEARINGS AND BIDS 103051 - Jordan/Murphy that proof of publication of notice of public hearing on Tree Stump Removal Program, as published in the Waterloo Courier on May 27, 1994, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103052 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Collier that the hearing be closed and the recommendation of approval of the Forestry Coordinator be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103053 - Jordan/Anders that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes:- Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-247. 103054 - Krizek/Collier that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-248. June 6, 1994 Hearings and Bids - continued 103055 - Anders/Jordan Page 2 to receive, file and instruct Acting City Clerk to open and read bids and refer to Parks Department for review and recommendation. Ayes: Six. Absent: Mollenhoff. Motion carried. 103056 - Anders/Jordan that award of the contract on the above project be tabled to June 20, 1994. Ayes: Six. Absent: Mollenhoff. HEARINGS 103057 - Murphy/Jordan that proof of publication of notice of public hearing on the Sidewalk Inspection and Repair Program, Zone 6, as published in the Waterloo Courier on May 18, 1994, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103058 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Getty/Murphy that the hearing be closed and the recommendation of approval of the City Engineer and the two letters of objection and oral comments be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103059 - Getty/Jordan that "Resolution authorizing proposed repairs to sidewalks", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-249. 103060 - Collier/Krizek that proof of publication of notice of public hearing on the proposed "S-1" Shopping Center District site plan amendment for the proposed Power Center Phase II generally located south of the intersection of Flammang Drive and Crossroads Boulevard and east of the Crossroads Hy -Vee Store for development of a lot on the north side along Flammang Drive, as published in the Waterloo Courier on May 25, 1994, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103061 - HOLD HEARING --This being the time and place of public hearing, the mayor called for oral and written objections and there were none. Anders/Jordan that the hearing be closed. Ayes: Six. Absent: Mollenhoff. Motion carried. 103062 - Jordan/Collier that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-250. 103063 - Murphy/Anders that proof of publication on Amendments to Zoning Ordinance No. 2479, as amended, as it pertains to the regulation of garage sales and to setback requirements for parking lots on corner lots in "R" residential districts, as published in the Waterloo Courier on May 25, 1994, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. June 6, 1994 Page 3 Hearings - continued 103064 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Jim Hamlyn, 1315 Pleasant Valley Drive, and Lynn Schwandt, 451 Progress Avenue, were both concerned about permits, how this will be enforced, and the basic mechanics of the proposed ordinance of placing restrictions on the number of garage sales residents can have in one year. Councilman Anders reported that Omaha, Nebraska has a similar ordinance, a little more strict, but does have some attributes that have already been mentioned tonight. Some of those attributes were two days/48 hours, they apply for a free permit, but must post the permit. Mr. Anders feels this ordinance needs a complete overhaul and separated into two ordinances. Anders/Collier that the oral comments be received, placed on file and the hearing on the above request be tabled indefinitely. Ayes: Six. Absent: Mollenhoff. Motion carried. PETITIONS FROM PUBLIC 103065 - Getty/Murphy that communication from City Engineer transmitting request of Richard Bremicker for a waiver for a concrete driveway to be located at 129 Derbyshire Road, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-251. 103066 - Krizek/Collier that communication from City Engineering transmitting request of Timothy J. Good for a waiver for an asphalt driveway to be located at 1408 Bishop Avenue, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-252. 103067 - Getty/Jordan communication from Assistant City Engineer transmitting request of Claassen Engineering & Surveying on behalf of H.S.N. Fulfillment of Iowa, Inc. (Home Shopping Network) for permission to grade and construct a concrete cunnette in city right-of-way generally located in the southerly street right-of-way along the 1600 block of West Airline Highway adjacent to the Home Shopping Network property, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-253. 103068 - Murphy/Jordan Communication from Associate Engineer transmitting signage request from Hy -Vee Food Stores, Inc. to temporary place signs on city right of way to be generally located at the following intersections: Bayard Street and Williston Avenue; Vermont Street and Williston Avenue; Baltimore Street and Williston Avenue; Baltimore Street and Hawthorne Avenue; Baltimore Street and Mitchell Avenue; Vermont Street and Mitchell Avenue; and Byron Avenue and Kimball Avenue in conjunction with the F.Y. 1994 Street Reconstruction Program, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-254. June 6, 1994 DOCUMENTS 103069 - Collier/Jordan Page 4 that communication from Recreation & Arts Commission Director transmitting an Ice Rental Agreement with the Waterloo Black Hawks for the use of Young Arena to terminate at the end of the 1998-1999 hockey season, with a five-year option, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting City Clerk authorized to execute same. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-255. 103070 - Murphy/Anders that communication from Administrative Director transmitting Supplemental Agreement No. 2 with RUST Environment & Infrastructure Inc. for design and construction - related services to the anaerobic lagoon and an operation and maintenance manual for the pretreatment facilities, at a cost not to exceed $45,000, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-256. 103071 - Getty/Collier that communication from Insurance Coordinator transmitting renewal of contract with Heritage National Healthplan for Fiscal Year 1995, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-257. 103072 - Jordan/Collier that communication from Building Official transmitting Change Order in the amount of $6,638.00 for work performed by Magee Construction Company in conjunction with Step Repair -Five Sullivan Brothers Convention Center/Americans with Disabilities Act, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Mollenhoff. Motion carried. RESOLUTIONS TO BE ADOPTED 103073 - Collier/Krizek that "Resolution approving submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for the Comprehensive Improvements Assistance Program (CIAP) for improvements at Ridgeway Towers, 225 W. Ridgeway", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-258. 103074 - Murphy/Jordan that "Resolution authorizing certification against property taxes certain unpaid garbage and sewer fees", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-259. 103075 - Anders/Collier that "Resolution authorizing submission of an application for R.I.S.E. funding in the amount of $220,000 in conjunction with the Tower Park Access Road, Phase II, East Segment", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-260. June 6, 1994 Resolutions to be Adopted - continued 103076 - Getty/Jordan Page 5 that "Resolution amending Resolution No. 1992-546, which established parking regulations in the Central Business District to allow 13 two-hour parking meters on the west side of West Fourth Street between Jefferson and Commercial Streets, six courtesy parking stalls on the east side of the 200 block of West Fourth Street and 2 ten-hour parking meters on Mulberry Street between East Sixth Street and RR tracks", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-261. BILLS PAYMENT 103077 - Krizek that "Resolution approving Schedule A918, pp. 1-57, in the amount of $1,657,557.64, dated June 6, 1994, a copy of which is on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-262. NEW BUSINESS 103078 - Getty/Murphy to instruct Superintendent of Water Pollution/Flood Control to prepare plans, specifications, form of contract, etc. for F.Y. 1994-95 Water Pollution/Flood Control Sludge Disposal Contract. Ayes: Six. Absent: Mollenhoff. 103079 Jordan/Krizek that plans, specifications, etc. for F.Y. 1994-95 Water Pollution/Flood Control Sludge Disposal Contract, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 103080 - Krizek/Jordan that "Resolution preliminarily approving plans, specifications, etc. for the F.Y. 1994-95 Water Pollution/Flood control Sludge Disposal Contract", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-263. 103081 - Murphy/Collier that "Resolution setting date of hearing on plans, specifications, etc., and taking of bids as June 27, 1994, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Acting Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor assigned No. 1994-264. 103082 - Jordan/Anders that communication from Mayor John Rooff transmitting recommendation of appointment of Bob Stevenson to the position of Administrative Director, effective June 7, 1994, be received, placed on file and approved. Ayes: Five. Nays: Getty. Absent: Mollenhoff. Motion carried. 103083 - Krizek/Collier that communication from Mayor John Rooff transmitting recommendation of appointment of Paul Huting to the position of Park Superintendent, effective June 7, 1994, be received, placed on file and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. June 6, 1994 New Business - continued 103084 - Murphy/Getty Page 6 that communication from Mayor John Rooff transmitting recommendation of appointment of Bill Bachman to the position of Assistant Park Superintendent, effective June 7, 1994, be received, placed on file and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. TRAVEL REQUESTS 103085 - Jordan/Collier that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. One person from Water Pollution Control Plant to attend the Iowa Pollution Control Association 76th Annual Conference in Clinton, Iowa on June 7-10, 1994, with total costs not to exceed $428.00, including the use of city vehicle. Ayes: Six. Absent: Mollenhoff. Motion carried. MISCELLANEOUS 103086 - Anders/Jordan that the following beer and liquor license permit applications to received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following applications for dance license and application for fire works display be received, placed on file and approved: 1. Beer License Permit Application Class C Metro Fuel 66, 3201 West 4th Street (Renewal) (Expires 6/30/95) (Includes Sunday Sales) El Rinconcito, 302 Commercial (New) (Expires 6/7/95) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/95) Southtown Lounge, 2026 Bopp (Renewal) (Expires 6/7/95) (Includes Sunday Sales) 3. Application for Dance License Fraternal Order of Eagles #764, 202 East First Street 4. Application for Fire Works Display My Waterloo Days --June 11, 1994 at the Waterloo Airport Ayes: Six. Absent: Mollenhoff. Motion carried. BONDS 103087 - Murphy/Jordan that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 6, 1994, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Mollenhoff. Motion carried. ORAL PRESENTATIONS 103088 - L. C. Hennesey, 717 Eastgate, stated he feels the City needs a clean sweep of the National Dairy Cattle Congress board of directors. The current board of directors has done a very poor job and has run the City into the mud. Lynn Schwandt, 451 Progress Avenue, complained about the noise control ordinance variance that was granted to "Broosters" for May 29, 1994 from 7:00 - 11:00 p.m. in conjunction with a live band in the beer garden. (See CR 103019) He stated it was impossible for him to adequately carry on a conversation in his own back yard which is 6/10th a mile away. He urged the council to not issue any more noise control ordinance variances for raucous electronically amplified type noise, especially in an area close to a residential area. June 6, 1994 Page 7 Oral Presentations - continued Mr. Schwandt also informed the council that the parking meters around city hall are marked, stating they are enforced until 9:00 p.m. He also said the City needs a clean sweep of its streets. Mayor Rooff informed Mr. Schwandt that the meters are definitely not enforced until 9:00 p.m. and also he and the council are working on the street sweeping being done in the City. Dorothy Carter, 435 Conger, reported the property at 437 Conger has a garage full of leaves, tires, etc., and the garage at 441 Conger has collapsed at the top. She would like someone to trim the trees at the vacant house at 437 Conger as they are rubbing against her house. Bill Kammeyer, 526 Home Park Blvd., wishes to invite the mayor and council to a July 4, 1994 potluck picnic at the new site of Amvets Post #19 at the corner of Ansborough Avenue and Maynard Street. He stated they are anticipating a building of approximately $750,000 - $1,000,000. They are planning on having a Vet Center included along with being the home of Amvets Post #19. This center would have a psychologist, psychiatrist, a drug abuse counselor and a Veterans Administration office housed in the building with a payroll of up to $300,000. Mr. Kammeyer also asked the council to reserve Memorial Day 1995 and invited them to participate in the Memorial Day Parade. Michael Prideaux, 929 Williston Avenue, came to follow up on the baseball situation for Waterloo. He stated he read about the Mayor's sports commission's possibility of pursuing a new stadium and pursuing a new franchise agreement in the Midwest League, of which he feels are both laudable, excellent goals and he would support wholeheartedly pursuing both of them. He personally feels something should be done in the interim as a new stadium is a year or two down the road. Mayor Rooff stated he has no update on baseball at this time but has asked that Councilman Jerry Anders, Park Superintendent Paul Huting and Recreation Commission Director Tom Reardon be invited and to participate with the Mayor's sport's commission in all future meetings. Garry Goodson, 606 Sumner, was questioning if the City was trying to shut down businesses on the east side. He stated the City has closed down Lindbergs and now Shirleys. He said you can close them down, but the drug dealers will move to another bar or business to deal their dope. Getty/Jordan that the above oral comments be received, placed on file and the Council adjourn at 8:58 p.m. Ayes: Six. Absent: Mollenhoff. Motion carried. Tom Campbell Acting City Clerk/Auditor