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HomeMy WebLinkAbout05/09/94May 9, 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 9, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Pastor James Carstensen, Good Shepherd Lutheran Church, East 4th & Donald Street Pledge of Allegiance: Junior Troop #573 --Emily Kishman, Coco Conny, Heather Monter, Jenny Radziewicz, Elizabeth Slade, Breanna Spore, Joelyn Weaver, Chauntia White, and Elaine Slade, Leader Recognition of Week: Roberts Dairy Queen, Bill Roberts 102897 - Mollenhoff/Anders that the Agenda, as amended, for the Regular Session on Monday, May 9, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 102898 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, May 2, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring June 17, 1994 as United Cerebral Palsy Casual Day. Mayor Rooff read a Proclamation declaring the week of May 15-21, 1994 as Police Week. Mayor Rooff read a Proclamation urging citizens to support the sale of Buddy Poppies by the Veterans of Foreign Wars on May 13 and May 14, 1994. Mayor Rooff read a Proclamation declaring the week of May 15-21, 1994 as Emergency Medical Services Week. HEARINGS 102899 - Getty/Murphy that proof of publication of notice of public hearing on the request of Friends of Faith Home Retirement Homes to reduce a portion of the 30 foot platted building line generally located along the southerly side of Soutbrooke Drive to 20 feet to allow a canopy at the front entrance of a proposed residential facility to occupy a portion of the building setback area, as published in the Waterloo Courier on April 26, 1994, be received and placed on file. Ayes: Seven. Motion carried. 102900 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Krizek 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. 102901 - Anders/Mollenhoff that "an Ordinance reducing a portion of the 30 foot platted building line generally located along the southerly side of Southbrooke Drive to 20 feet", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102902 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 102903 - Mollenhoff/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. 102904 - Collier/Murphy that "an Ordinance reducing a portion of the 30 foot platted building line generally located along the southerly side of Southbrooke Drive to 20 feet", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4013. 102905 - Murphy/Anders that proof of publication of notice of public hearing on request of Johnsons Bakery, Inc. to vacate, sell and convey Parcels 1, 2, 3 and 3A (of which a portion of Wellington Court, Wellington Street and West Fifth Street are contained) for $8,750.00, as published in the Waterloo Courier on May 3, 1994, be received and placed on file. Ayes: Seven. Motion carried. May 9, 1994 Page 2 Hearings - continued 102906 - 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 and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 102907 - Anders/Mollenhoff that "an Ordinance vacating a portion of Wellington Court between West Fourth Street and West Fifth Street, a portion of Wellington Street between West Fourth Street and West Sixth Street, a portion of West Fifth Street between Grant Avenue and Wellington Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102908 - Collier/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 102909 - Murphy/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. 102910 - Mollenhoff/Jordan that "an Ordinance vacating a portion of Wellington Court between West Fourth Street and West Fifth Street, a portion of Wellington Street between West Fourth Street and West Sixth Street, a portion of West Fifth Street between Grant Avenue and Wellington Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4014. 102911 - Anders/Murphy that "Resolution authorizing sale and conveyance of Disposal Parcels 1, 2 and 3, which contain a portion of Wellington Court, Wellington Street and West Fifth Street, to Johnsons Bakery for $8,750.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-191. 102912 - Getty/Anders that proof of publication of notice of public hearing on request for a site plan amendment for "R -3,R -P" property generally located south of the Timberline Condominiums to reduce the number of duplexes from 25 to 20 utilizing a zero side lot line, as published in the Waterloo Courier on April 26, 1994, be received and placed on file. Ayes: Seven. Motion carried. 102913 - 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 be received and placed on file. Ayes: Seven. Motion carried. 102914 - Jordan/Murphy that "Resolution approving said amended site plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-192. UNFINISHED BUSINESS 102915 - Mollenhoff/Jordan that communication from Acting Fire Chief transmitting recommendation of award of contract to Don Gardner Construction Co., Inc. of Waterloo, Iowa, in the amount of $24,950.00 and Alternate #1 and Alternate #2 in conjunction with F.Y. 1994 Fire Station #4 Hose Tower Removal and Roof Replacement, be receive, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-193. May 9, 1994 PETITIONS FROM PUBLIC 102916 - Getty/Murphy Page 3 that the request of Opal Rehlander for a waiver on a concrete driveway to be located at 6236 Kimball Avenue, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-194. 102917 - Getty/Murphy that the request of Dan E. Rejman for a waiver on a concrete driveway to be located at 225 Niagara Drive, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-195. 102918 - Getty/Murphy that the request of David J. Parsons for a waiver on a concrete driveway to be located at 1227 Byron Avenue, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-196. 102919 - Getty/Murphy that the request of Daniel T. Gibbs for a waiver on a concrete driveway to be located at 3145 West 4th Street, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-197. 102920 Mollenhoff/Jordan that communication from City Planner transmitting request of Mid -West Pattern Company, 84 West llth Street, to sell and convey for $150.14, 217.6 sq. ft. of property generally located at the rear of their building to build a 12'x32' addition, together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as May 23, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-198. 102921 - Collier/Anders that communication from City Planner transmitting 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 oD Mobile Street between Newell and Quincy Streets, together with the recommendation of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 23, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-199. 102922 - Anders/Jordan that communication from Community Development Director transmitting request of Operation Threshold to donate former RTC property generally located at 812 Logan Street and 237 Mohawk Street, together with recommendation of approval of the Community Development Board, be received, placed on file and "Resolution setting date of hearing as May 16, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-200. 102923 - Krizek/Collier that communication from City Planner transmitting request from Cedar Valley Corporation for a variance of the Noise Control Ordinance effective from May 10, 1994 to December 1, 1994 in conjunction with Shaulis Road Grading, Paving & Drainage Improvements, BRM -8155(2)--79-07, 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. 1994-201. May 9, 1994 Page 4 Petitions from Public - continued 102924 - Mollenhoff/Murphy that communication from City Engineer transmitting request from Aspro, Inc. for a variance to the Truck Embargo Ordinance on Rainbow Drive from Hanna Boulevard to Maynard Avenue; Ridgeway Avenue from Prospect Boulevard to Kimball Avenue; Ridgeway Avenue from West Ridge Drive to Ansborough Avenue; Ansborough Avenue from West Fourth Street to San Marnan Drive; and Fletcher Avenue from West Fourth Street to Sergeant Road, effective May 10, 1994 to December 1, 1994, in conjunction with F.Y. 1994 Street Reconstruction Program, 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. 1994-202. REPORTS 102925 - Mollenhoff/Murphy that the Calendar Year 1993 Audit and 1993 Operating Report of the Waterloo Water Works be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 102926 - Collier/Anders that communication from City Engineer transmitting an agreement with the Iowa Department of Transportation to include intake repairs, curb repairs and sidewalk handicapped ramps per ADA requirements in the resurfacing of U.S. Highway 63 from U.S. 218 to Franklin Street (Mullan Avenue and First Street) and from Arlington Street to Donald Street, together with recommendation 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. 1994-203. 102927 - Getty/Jordan that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Nielsen Building Systems Inc. in conjunction with F.Y. 1993 Hazardous Material Training Tower, Contract No. 459, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-204. 102928 - Jordan/Krizek that communication from Assistant City Engineer transmitting a Maintenance Bond from Nielsen Building Systems, Inc. in conjunction with F.Y. 1993 Hazardous Material Training Tower, Contract No. 459, be received, placed on file and approved. Ayes: Seven. Motion carried. 102929 - Mollenhoff/Anders that communication from Insurance Coordinator transmitting recommendation of acceptance of employee insurance benefits proposed by the Segal Company in combination with Black Hawk County, Waterloo Community Schools and the City of Cedar Falls with Madison National Insurance, Insurance Company of North America, and Benefit Administrators of America, Inc., subject to approval by all governmental entities, be received, placed on file and "Resolution approving said proposed employee insurance benefits", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-205. RESOLUTIONS TO BE ADOPTED 102930 - Jordan/Collier that ccommunication from City Engineer requesting temporary placement of stop signs at the intersection of Sunset Road and Hubbard Boulevard and the intersection of Hillside Avenue and Carolina Avenue in conjunction with Sixth Street Extension (West), and F.Y. 1994 Street Reconstruction Program, be received, placed on file and "Resolution approving said placement of temporary stop signs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-206. 102931 - Anders/Mollenhoff . that "Resolution authorizing certification against property taxes certain unpaid sidewalk snow removal fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-207. May 9, 1994 Resolutions to be Adopted - continued 102932 - Mollenhoff/Jordan Page 5 that communication from City Engineer transmitting request for authorization to notify property owners of proposed sidewalk repairs, together with cost estimates for the Sidewalk Inspection and Repair Program - Zone 6, be received, placed on file and "Resolution setting date of hearing as June 6, 1994 at 7:00 p.m. in the City Hall Council Chambers on the proposed repairs", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-208. 102933 - Murphy/Collier that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, authorizing execution of Waterloo Housing Authority Annual Contributions Contract IA05-V050-021", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-209. 102934 - Mollenhoff/Collier that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, correcting the number of housing units on the Public Housing Resolution of Cooperation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-210. BILLS PAYMENT 102935 - Krizek that "Resolution approving Schedule A918, pp. 1-50, in the amount of $920,558.81, dated May 9, 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. 1994-211. NEW BUSINESS 102936 Mollenhoff/Jordan that a consultant agreement with M. Peter Middleton to train Human Rights Commission Members and handle backlog of cases for six weeks to begin on May 16, 1994, with a retainer of $1,500.00, and at a cost not to exceed $5,250.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following discussion was heard. B.J Furgerson, 600 Cottage Street, stated the council is playing games with the Human Rights Commission. She said it is interesting that the Human Rights Commission is the only department that gets this kind of play in terms of playing games. She would like this administration to put trust in the Human Rights Commission. She stated that the actions speak so loudly, she could hardly hear their words. Jim Porter, 1322 Northey Street, stated he does not like what he sees because he does not think the Human Rights Commission's recommendations are shown any respect. He said what really bothers him is that this will be a continuous thing, and he is sick and tired of the council picking on the Human Rights Commission. Val Martin, Human Rights Commissions, feels the problem is that they have an "agreed to" contract with M. Peter Middleton for the $14,000 and now they are only being allowed $5,250 through the end of the current fiscal year. She stated the money has been saved in the current budget as a result of being short staffed and is being held in reserve for this purpose. Councilperson Krizek now absent at 8:38 p.m. Murphy/Getty to call the question and cease discussion. Ayes: Five. Abstain: Collier. Absent: Krizek. Motion carried. 102937 - Mollenhoff/Jordan that a consultant agreement with M. Peter Middleton to train Human Rights Commission Members and handle backlog of cases for six weeks to begin on May 16, 1994, with a retainer of $1,500.00, and at a cost not to exceed $5,250.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Abstain: Collier. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-212. May 9, 1994 Travel Requests 102938 - Mollenhoff/Jordan Page 6 that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jake Jacoby, Maintenance, to pick up NAEIR order for the Waterloo Recreation & Arts Center in Galesburg, Illinois on May 9, 1994, with costs not to exceed $105.00, including the use of city vehicle. 2. Gail Briddle, Secretary, to attend WordPerfect Shortcuts Seminar in Waterloo, Iowa on May 24, 1994, with costs not to exceed $145.00. Ayes: Six. Absent: Krizek. Motion carried. MISCELLANEOUS 102939 - Getty/Mollenhoff 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 c Becker -Chapman American Legion Post #138, 619 Franklin (Renewal) (Expires 5/13/95) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Ray's Super Value, 1975 Franklin Street (Renewal) (Expires 5/29/95) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class A Amvet Home, 32 Lafayette Street (Renewal) (Expires 5/14/95) (Includes Sunday Sales) 4. Beer/Liquor License Permit Application Class C Diamond Daves, 124 Crossroads (Renewal) (Expires 5/14/95) (Includes Sunday Sales) Convair Room, 2790 Airport Boulevard transfer to Hangers 1 and 2, Niederhauser Airways on May 7, 1994 for Cedar Falls Chamber of Commerce Annual Meeting and Dance Ayes: Six. Absent: Krizek. Motion carried. 102940 - Anders/Collier that the follow application for dance license, and applications for pawnbroker's secondhand goods dealer's license be received, placed on file and approved: Application for Dance License VFW Club, 612 Jefferson Street Applications for Pawnbroker's and Secondhand Goods Dealer's License Waterloo Jewelry, 330 East 4th Street Duees Pawn & Gun, 92 Vinton Street Ayes: Six. Absent: Krizek. Motion carried. ADJOURNED HEARING 102941 - This being the time and place of the adjourned hearing on revocation of Richard Neuenkirk Garbage/Trash Haulers License from April 25, 1994 (see CR 102857), the Mayor called for oral comments. Mark Linda, Disease Prevention Manager for Black Hawk County Health Department, stated he had asked the council two weeks ago (April 25, 1994) to consider revoking Richard Neuenkirk's trash hauler's license based on a long history of nuisance violations at the Cutler Street address. He stated Mr. Neuenkirk was given two weeks to get the place cleaned up and avoid having his license revoked. Mr. Linda said significant progress has been made correcting the difficulties on the property. He presented the council before and after photos taken at the site and said there are four items which still need correcting. The items are: a car engine still on the property, one inoperable vehicle remaining, trash remaining under the back porch area and two unlicensed trucks full of trash on the property which should be emptied and removed. If these four items were corrected, the Health Department would be satisfied with the condition of the property. Richard Neuenkirk stated these four items would be corrected. He said the rainy weather and his working all day at his job kept him from completing all the items. May 9, 1994 Adiourned Hearing - continued Page 7 Quentin Neuenkirk, 2316 West Third Street, said the whole alleyway is full of debris and trash and not just his dad's property. He asked why the city is not enforcing the commercial junk ordinance but enforcing the residential area. He said the city has rusty and junked vehicles on Black Hawk Street and nothing is being done to clean it up. He feels his father is being singled out when there are many other parts of the city in worse shape than his father's. Patricia Washburn, 313 Cutler, stated this situation has been going on for years. He spray painted the front porch fluorescent blue and that was it. She stated he does not live at the Cutler Street address and questioned whether the address he is living at (400 Wellington) has been checked out for violations. Getty/Mollenhoff that the hearing be closed and the above oral comments be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 102942 - Getty/Anders that the garbage/trash haulers license for Richard Neuenkirk be revoked. Ayes: Ayes: Six. Absent: Krizek. Motion carried. BONDS 102943 - Mollenhoff/Anders that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 9, 1994, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Krizek. Motion carried. ORAL PRESENTATIONS 102944 - Rick Young, Chairman of Save the Cattle Congress Committee, reminded the council there is a vote next Tuesday, May 17, 1994, on the proposition of bringing slot machines to the dog track. He said there are a lot of pros and cons on the subject. There are a lot of economic ramifications, we are talking about millions of dollars that eventually could be put back into the community. He said in debating this issue in recent weeks, he feels there are a lot of citizens who believe the city owns the Cattle Congress, and if we get slot machines or not, the city will see to it that there will be a Cattle Congress. He said he came this evening as he feels this point should be cleared up. He feels the city should let the public know they do not own the Cattle Congress, and that his group is not lying to them when they inform them of this fact City Attorney Jim Walsh stated the city does have an economic interest in the referendum that is coming up. The city has about $800,000 that is owed to it by the Cattle Congress for the original construction project. Mayor Rooff declared a ten minute recess. 102945 - City Attorney Jim Walsh stated that setting of non -bargaining salaries is an approved topic of Executive Session as authorized by Iowa Code Section 21.9. Getty/Mollenhoff that the Council adjourn to Executive Session. Ayes: Six. Absent: Krizek. Motion carried. EXECUTIVE SESSION 102946 - Murphy/Collier that the Council adjourn the Executive Session. Ayes: Six. Absent: Krizek. Motion carried. ADJOURNMENT 102947 - Mollenhoff/Jordan that the Council adjourn at 10:47 p.m. Ayes: Six. Absent: Krizek. Motion carried. Tom Campbell Acting City Clerk/Auditor