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