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HomeMy WebLinkAbout05/23/94May 23, 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, May 23, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Reverend Lyle Greiner, Director, Clinical Pastoral Education, Allen Memorial Hospital Pledge of Allegiance: Brownie Troop #623 --Jennifer Caughron, Jenna Curran, Heather Hart, Kara Hendrickson, Chelsea Juhl, Adrienne Lubbert, Sarah McCahan, Jenny Pfalzgraf, Stephanie Sole and Don and Connie Lubbert, Leader. Mayor Rooff reported on the success of the recent telethon held on Saturday evening, May 21, 1994 at the Waterloo Recreation & Arts Center to raise money for the city's share of the Police Hiring Grant. He thanked the Ansborough Pizza Hut for providing the pizza to the workers involved in the telethon as their personal contribution to the program. Mayor Rooff presented a Certification of Appreciation to Tunis Den Hartog for the time he spent working on the FY95 City Budget and also for his recent assistance on presenting information to Moody's Investors Services in regard to obtaining a rating on the City's bonds. Recognition of Week: Hawkeye Towing, Inc., Tom and Sue Skinner 102998 - Mollenhoff/Collier that the Agenda, as amended, for the Regular Session on Monday, May 23, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 102999 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, May 16, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 103000 - Collier/Jordan that communication from Mayor John Rooff transmitting recommendation of appointment of Frank Magsamen as Fire Chief effective May 24, 1994, be received, placed on file and approved. Ayes: Seven. Motion carried. HEARINGS 103001 - Mollenhoff/Collier that proof of publication of notice of public hearing on request of Afro-American Community Broadcasting, Inc. to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located west of Mobile Street between Newell and Quincy Streets to relocate broadcasting studios of radio station KBBG and construct a 150 foot transmitting tower, as published in the Waterloo Courier on May 12, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103002 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Anders/Murphy 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. 103003 - Mollenhoff/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 52 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103004 - Murphy/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103005 - Jordan/Mollenhoff 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. 103006 - Collier/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 52 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4017. May 23, 1994 Page 2 Hearings - continued 103007 - Mollenhoff/Murphy that proof of publication of notice of public hearing on sale and conveyance of 217.6 sq. ft. of property generally located at the rear of the building located at 84 West 11th Street Mid -West Pattern Company for $150.14 to build a 12' x 32' addition, as published in the Waterloo Courier on May 13, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103008 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Jordan/Collier that the hearing be closed. Ayes: Seven. Motion carried. 103009 - Getty/Collier that "Resolution authorizing sale and conveyance of 217.6 sq. ft. of property generally located at the rear of the building located at 84 West llth Street to Mid - West Pattern Company for $150.14", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-231. 103010 - Mollenhoff/Jordan that proof of publication of notice of public hearing on request of Fitzgerald's Grill & Pub for a proposed "S-1" Shopping Center District site plan amendment to install a curb cut in front of parking lot at 360 E. Ridgeway Avenue, as published in the Waterloo Courier on May 17, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103011 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Jordan/Murphy that the letters in support of the above request be received and placed on file. Ayes: Seven. Motion carried. 103012 - Getty/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 103013 - Getty/Krizek that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-232. 103014 - Murphy/Jordan that proof of publication of notice of public hearing on proposed amendments to FY 1994 Budget, as published in the Waterloo Courier on May 17, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103015 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Getty that the hearing be closed. Ayes: Seven. Motion carried. 103016 - Anders/Jordan that "Resolution approving amendments to FY 1994 Budget", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-233. PETITIONS FROM PUBLIC 103017 - Collier/Getty that the request of Habitat for Humanity for a variance of the Noise Control Ordinance on June 11, 1994 from 8:00 to 9:00 p.m. in conjunction with an outdoor church service, and on June 18, 1994 from 6:30 to 9:00 p.m. in conjunction with a potluck supper and program with the use of a sound system on Mobile Street, south of Fowler Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Nays: Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-234. May 23, 1994 Petitions from Public - continued 103018 - Getty/Anders Page 3 that the request of Broosters, 3555 University Avenue, for a variance of the Noise Control Ordinance on May 29, 1994 from 7:00 to 11:00 p.m. in conjunction with a live band playing in the beer garden, be denied. Ayes: Two. Nays: Jordan, Collier, Krizek, Mollenhoff, Murphy. Motion not carried. 103019 - Jordan/Murphy that the request of Broosters, 3555 University Avenue, for a variance of the Noise Control Ordinance on May 29, 1994 from 7:00 to 11:00 p.m. in conjunction with a live band playing in the beer garden, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Nays: Anders, Getty. Resolution adopted and upon approval by Mayor assigned No. 1994-235. REPORTS 103020 - Krizek/Mollenhoff that the City of Waterloo Auditor's Reports and Financial Statements for Fiscal Year 1993 be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 103021 - Murphy/Anders that communication from City Planner transmitting Change Order No. 1 for a net increase of $1,000.00 for appraisal of four additional properties to be performed by Valuation Services Inc. in conjunction with Sherwood Park - Phase II, Appraisal Services be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 103022 - Mollenhoff/Jordan that communication from Community Development Administrator transmitting Emergency Shelter Grants Program Contract in the amount of $31,580 with the Iowa Department of Economic Development for replacement of the YWCA roof, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-236. 103023 - Jordan/Collier that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Dick's Petroleum Company of Tripoli, Iowa in conjunction with F.Y. 1993 City Fueling Facility, Contract No. 451, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-237. 103024 - Mollenhoff/Murphy that communication from Assistant City Engineer transmitting Maintenance Bond from Dick's Petroleum Company of Tripoli, Iowa in conjunction with F.Y. 1993 City Fueling Facility, Contract No. 451, be received, placed on file and approved. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 103025 - Anders/Mollenhoff that "Resolution transferring from the Trust and Agency Fund the sum of $491,528.34 to the General Fund and the sum of $94,156.68 to the Road Use Tax Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-238. 103026 - Murphy/Jordan that "Resolution transferring from the Tax Increment Financing Fund the sum of $443,000.00 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-239. 103027 - Mollenhoff/Collier that "Resolution approving total acquisition contract payment in the amount of $925.00 and to accept the deed for Parcel No. 29E (Willie and Betty Allen) in conjunction with Martin Luther King, Jr. Drive project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-240. May 23, 1994 Resolutions to be Adopted - continued 103028 - Collier/Anders Page 4 that communication from Police Chief requesting authorization to temporary change Sycamore Street at the intersection of East First Street through East Third Street to two-way traffic during the My Waterloo Days Parade on June 3, 1994 from 5:30 to 8:30 p.m. be received, placed on file and "Resolution approving said temporary change to two-way traffic on Sycamore Street on June 3, 1994 ", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-241. BILLS PAYMENT 103029 - Krizek that "Resolution approving Schedule A918, pp. 1-61, in the amount of $3,172,036.52 with the deletion of Purchase Voucher 88911 in the amount of $98.17, dated May 23, 1994, a copy of which is on file in the Clerk/Auditor's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-242 NEW BUSINESS 103030 - Getty/Murphy to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1994 Asphalt Overlay Program, Contract No. 462, be received, placed on file and approved. Ayes: Seven. Motion carried. 103031 - Jordan/Mollenhoff that plans, specifications, form of contract, etc., for the F.Y. 1994 Asphalt Overlay Program, Contract No. 462, be received and placed on file. Ayes: Seven. Motion carried. 103032 - Mollenhoff/Murphy that "Resolution preliminarily approving the plans, specifications, form of contract for the F.Y. 1994 Asphalt Overlay Program, Contract No. 462", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-243. 103033 - Getty/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as June 13, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-244. 103034 - Anders/Murphy to instruct Parks Forestry Coordinator to prepare plans, specifications, form of contract, etc. for Tree Stump Removal Program be received, placed on file and approved. Ayes: Seven. Motion carried. 103035 - Getty/Jordan that plans, specifications, form of contract, etc., for the Tree Stump Removal Program be received and placed on file. Ayes: Seven. Motion carried. 103036 - Mollenhoff/Anders that "Resolution preliminarily approving the plans, specifications, form of contract, etc. for the Tree Stump Removal Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-245. 103037 - Jordan/Krizek that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as June 6, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-246. May 23, 1994 Page 5 New Business - continued 103038 - Getty/Murphy that communication from Fire Chief transmitting request to recall five laid -off fire fighters beginning on June 6, 1994 in preparation to fill vacancies created by retirements and members on long-term disability, with the Fire Department to stay within the $15,000 line -item budget be received, placed on file and approved. Ayes: Three. Nays: Jordan, Krizek, Mollenhoff, Anders. Motion not carried. 103039 - Anders/Murphy to call the question and cease discussion. Ayes: Six. Nays: Mollenhoff. Motion carried. 103040 - Mollenhoff/Jordan that communication from Fire Chief transmitting request to recall five laid -off fire fighters beginning on June 6, 1994, at a cost not to exceed $20,000, in preparation to fill vacancies created by retirements and members on long-term disability be received, placed on file and approved. Ayes: Five. Nays: Getty, Collier. Motion carried. Travel Requests 103041 - Jordan/Murphy that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jeff Cutsforth, Paramedic/Fire Fighter, to attend basic CAMEO and Advanced ALOHA Training in Chicago, Illinois on June 14-17, 1994, with costs not to exceed $1,550.00. 2. Martin Bender, Police Officer, to attend Hazardous Devices Recertification Training in Huntsville, Alabama on June 26 -July 1, 1994, with costs not to exceed $139.00. Ayes: Seven. Motion carried. MISCELLANEOUS 103042 - Collier/Jordan 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 and the following cigarette permit application be received, placed on file and approved: 1. Beer License Permit Application Class B Garfield Cafe, 2820 Falls Avenue (Renewal) (Expires 6/14/95) Country Kitchen, 3030 Marnie Road (Renewal) (Expires 5/27/95) (Includes Sunday Sales) 2. Beer License Permit Application Class C Chain of Lakes Bait & Tackle, 905 Cedar Bend Street (New) (Expires 5/28/95) (Includes Sunday Sales) Cigarette Permit Application One (1) Ayes: Seven. Motion carried. BONDS 103043 Mollenhoff/Jordan that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 23, 1994, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 103044 - Councilperson Anders reminded the public of the Ward 3 Table Talk Discussions to be held on Tuesday, May 31, 1994 at Longfellow Elementary School at 7:00 p.m. Councilperson Collier also reminded the public of the Ward 4 Table Talk Discussions to be held on Thursday, June 2, 1994 at Grant Elementary School at 7:00 p.m. Mayor Rooff declared a recess at 8:53 p.m. Mayor Rooff re -adjourned the meeting at 9:00 p.m. May 23, 1994 Page 6 103045 - City Attorney Jim Walsh stated that non -bargaining salaries is an approved topic of Executive Session as approved by Iowa Code Section 21.9. Getty/Jordan that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 103046 - Murphy/Mollenhoff that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. 103047 - Mollenhoff/Krizek that all non -bargaining employees receive a 3 percent increase effective July 1, 1994 with the exception of numerous employees as listed on the summary of FY 95 Non - Bargaining Salary increases on file in the City Clerk's office. Ayes: Six. Nays: Getty. Motion carried. ADJOURNMENT 103048 - Mollenhoff/Jordan that the Council adjourn at 10:19 p.m. Ayes: Seven. Motion carried. Tom Campbell Acting Clerk/Auditor