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HomeMy WebLinkAbout02/07/94February 7, 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, February 7, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Reverend Leslie Borsay, Central Christian Church Pledge of Allegiance: Pack 559 --Marty Nance, Leader Mayor Rooff recognized the Tiger Cubs from Grant School. Mayor Rooff presented a Certificate of Recognition and proclamation to Aspro, Inc., Milton Dakovich, General Manager. 102474 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, February 7, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 102475 - Mollenhoff/Collier that the Minutes, as proposed, of the Regular Session on Monday, January 24, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring February 1994 as National Afro-American History Month. Mayor Roof presented an Award of Certificate to Craig Greathouse for life supporting action. HEARINGS 102476 - Anders/Murphy that proof of publication of notice of public hearing on the sale and conveyance of property generally located at 2206 Clearview for $20,000 to Mrs. Ruby Oden, as published in the Waterloo Courier on January 26, 1994, be received and placed on file. Ayes: Seven. Motion carried. 102477 - HOLD 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 the recommendation of approval of the Community Development Board be received and placed on file. Ayes: Seven. Motion carried. 102478 - Mollenhoff/Collier that "Resolution authorizing sale and conveyance of property generally located at 2206 Clearview to Mrs. Ruby Oden for $20,000.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-29. PETITIONS FROM PUBLIC 102479 Jordan/Murphy that communication from Assistant City Engineer transmitting request from Schenk Engineering Company, on behalf of Blockbuster Video, to grade in City right-of-way in conjunction with the site grading in the southeasterly 100 feet of street right-of-way along East San Marnan Drive adjacent to the proposed Blockbuster Video, 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. 1994-30. 102480 - Collier/Anders that the request of Pony Express to participate in fund drive at the intersection of West Ninth Street and Mitchell Avenue on Saturday, February 12, 1994, with alternate date of Saturday, February 19, 1994 if inclement weather, be received, placed on file and approved. Ayes: Seven. Motion carried. 102481 - Murphy/Jordan that communication from City Planner transmitting "S-1" Shopping Center District site plan for the proposed Toys R Us Store to be generally located between Crossroads Boulevard and LaPorte Road, south of the Bonanza Restaurant, be received, placed on file and "Resolution setting date of hearing as February 21, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-31. February 7, 1994 Petitions from Public - continued 102482 - Mollenhoff/Collier Page 2 that communication from City Planner transmitting "S-1" Shopping Center District site plan for the proposed Power Center Phase II, to be generally located southeast of the intersection of Flammang Drive and Crossroads Boulevard and east of the Crossroads Hy -Vee Store, be received, placed on file and "Resolution setting date of hearing as February 21, 1994, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-32. 102483 - Krizek/Murphy that communication from March of Dimes Birth Defects Foundation requesting authorization to hold the annual March of Dimes WalkAmerica on Saturday, May 7, 1994 to begin and end at the Waterloo Diamonds Baseball Park, be received, placed on file and approved. Ayes: Seven. Motion carried. REPORTS 102484 - Collier/Mollenhoff that the City of Waterloo Municipal Sanitary Sewage Utility Financial Statements and Supplemental Information for the year ending June 30, 1993, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 102485 - Jordan/Collier that communication from City Engineer transmitting Change Orders No. 4 and 5 for a net increase of $2,094.00 for work to be performed by Prairie Construction Co., Inc. in conjunction with Partial Interior Renovation of Former East Side Library, Contract No. 465, be deferred for one week. Ayes: Seven. Motion carried. 102486 - Anders/Mollenhoff that communication from City Engineer transmitting Contingency Allowance Change Order No. 3 for a net increase of $2,636.00 for work to be performed by Prairie Construction Co., Inc. in conjunction with Partial Interior Renovation of Former East Side Library, Contract No. 465, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 102487 - Mollenhoff/Jordan that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Rampart Corporation in conjunction with F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-33. 102488 - Jordan/Murphy that communication from Associate Engineer transmitting Maintenance Bond from Rampart Corporation in conjunction with F.Y. 1991 Storm Sewer Improvements, Contract No. 414, be received, placed on file and approved. Ayes: Seven. Motion carried. 102489 - Krizek/Murphy that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Allied Construction Co., Inc. in conjunction with F.Y. 1991 North Elk Run Road Improvements, Contract No. 389, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-34. 102490 - Mollenhoff/Collier that communication from Associate Engineer transmitting Maintenance Bond from Allied Construction Co., Inc. in conjunction with F.Y. 1991 North Elk Road Improvements, Contract No. 389, be received, placed on file and approved. Ayes: Seven. Motion carried. February 7, 1994 Documents - continued 102491 - Getty/Mollenhoff Page 3 that communication from Community Development Administrator transmitting contract for appraisal services with Jones Appraisal Services in the amount of $5,490.00 for Group 1 and Group 2 in Sherwood Park, be received, placed on file and "Resolution approving said contract", be adopted and Community Development Administrator authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-35. RESOLUTIONS TO BE ADOPTED 102492 - Anders/Murphy that "Resolution approving total acquisition contracts and accepting of deeds for 1304 Lafayette Street (Richard J. & Carol P. Ennenga) in conjunction with Rath Tax Increment Financing Redevelopment Area/Powers Manufacturing Expansion Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-36. 102493 - Mollenhoff/Collier that "Resolution approving Quit Claim Deed to Wallace Stokes for property located at 121-121 1/2 Quincy Street, which was sold to Mr. Stokes for $11,500 on contract on April 6, 1992", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-37. ORDINANCES TO BE ADOPTED 102494 - Murphy/Jordan that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (11a) Lincoln Street to Section 552, No Parking Between Signs (installation of no parking between signs at 922 Lincoln Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102495 - Krizek/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, eliminating the Planning and Development Division", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102496 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 102497 - Mollenhoff/Anders 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. 102498 - Murphy/Krizek that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, eliminating the Planning and Development Division", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4003. 102499 - Anders/Mollenhoff that the recommendation of approval of the Waterloo Cable Commission to adopt an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article II, Regulation of Rates, to Chapter 9%, Cable TV Franchise Regulations (establishing means, methods and particulars of regulating rates and services)", be received and placed on file. With the approval of the mover and seconder, the above motion was withdrawn. Getty/Krizek that the recommendation of approval of the Waterloo Cable Commission to adopt an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article II, Regulation of Rates, to Chapter 9%, Cable TV Franchise Regulations, be amendment to include Subsection J to Section 9%-49 to read 'Cable Commission shall notify the Waterloo City Council of its action and findings in a timely fashion' (establishing means, methods and particulars of regulating rates and services)", be received and placed on file. Ayes: Seven. Motion carried. February 7, 1994 Page 4 Ordinances to be Adopted - continued 102500 - Anders/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article II, Regulation of Rates, to Chapter 9%, Cable TV Franchise Regulations, as amended above (establishing means, methods and particulars of regulating rates and services)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102501 - Collier/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 102502 - Collier/Anders 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. 102503 - Mollenhoff/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article II, Regulation of Rates, to Chapter 9%, Cable TV Franchise Regulations, as amended above (establishing means, methods and particulars of regulating rates and services)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4004. 102504 - Mollenhoff/Anders that the recommendation of approval of the Waterloo Cable Commission to adopt an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article III, Customer Service Standards, to Chapter 9%, Cable TV Franchise Regulations (adoption of FCC customer service standards), be received and placed on file. Ayes: Seven. Motion carried. 102505 - Murphy/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article III, Customer Service Standards, to Chapter 9%, Cable TV Franchise Regulations (adoption of FCC customer service standards)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 102506 - Getty/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 102507 - Anders/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. 102508 - Collier/Krizek that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Article III, Customer Service Standards, to Chapter 9%, Cable TV Franchise Regulations (adoption of FCC customer service standards)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4005. BILLS PAYMENT 102509 - Krizek/Mollenhoff that "Resolution approving Schedule A918, pp. 1-55, in the amount of $1,644,123.80, dated February 4, 1994, a copy of which is on file in the Clerk/Auditor's office, with the deletion of Warrant Voucher 82522 in the amount of $78.00 and Warrant Voucher 84400 in the amount of $56.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-38. NEW BUSINESS 102510 - Collier/Murphy that Don Temeyer be reassigned from Planning and Development Director to the position of City Planner at the salary level of $49,032, be received, placed on file and approved. Ayes: Six. Nays: Mollenhoff. Motion carried. February 7, 1994 Page 5 Travel Requests 102511 - Getty/Mollenhoff that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1 Harold Waschkat, Chief Plumbing Inspector, and Bob Walker, Building Inspector II, to attend Iowa Association of Building Officials Combination Inspections Seminar in Waterloo, Iowa on February 16-18, 1994, with costs not to exceed $210.00, including the use of city vehicle. 2 Jim Walsh, City Attorney, and Chuck Angel, Chairperson of the Cable Commission, to attend a satellite seminar on after -certification cable television consumer protection in Independence, Iowa on February 2, 1994, with costs not to exceed $215.00. 3. Don Temeyer, City Planner, to attend 1994 Iowa American Planning Association Annual meeting in Des Moines, Iowa on March 3-4, 1994, with costs not to exceed $201.50. 4. Kevin Blanshan, Associate Planner, to attend 1994 Minnesota State Bicycle workshop regarding bicycle trails and recreation in St. Paul, Minnesota on February 11 and 12, 1994, with costs not to exceed $137.00. Ayes: Seven. Motion carried. MISCELLANEOUS 102512 - Krizek/Collier 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 application for going out of business sale be received, placed on file and approved: 1. Beer/Wine License Permit Application Class C (BW) Wishbone, 201-295 West 18th Street (Renewal) (Expires 3/7/95) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C UAW Local 838, 2615 Washington Street (Renewal) (Expires 2/28/95) (Includes Sunday Sales) Park Road Inn, 306 Park Road (Renewal) (Expires 3/13/95) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/95) (Includes Sunday Sales) 4. Beer License Permit Application Class C R & D Pronto, 3012 Ansborough Avenue (Renewal) (Expires 2/8/95) (Includes Sunday Sales) 5. Application for Going Out of Business Sale Rockhound Trader, 1215 Hartman Avenue --February 7, 1994 - April 9, 1994 Ayes: Seven. Motion carried. BONDS 102513 - Getty/Jordan that the report of the City Attorney and list of bonds filed with the Clerk/Auditor's office through February 4, 1994, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 102514 - Judy Siler, 2341 Independence Avenue and representing the East Side Independence Association, was greatly concerned about the ongoing odor coming from the pre- treatment lagoon. They have been told the odor is not dangerous, but she questions to what level it is not dangerous. When you are nauseous, when the odor is carried to work with you in your clothes, when you cannot sleep at night, there is a danger to the quality of life and this is not a new problem. Gary Simmons, Superintendent of Water Pollution/Flood Control, responded about the freeze up and the problem with the algae in the filtering at the lagoon by stating the lagoon is taking on too much sulfide and is giving off a rotten egg odor. He stated they have added more media (mulch leaves and bark) to the filter and are also attacking it with ferrous chloride at the present time. He also mentioned they are taking odor measures with their gas detectors on a daily basis and request the neighbors to help track the smell and also to call him at any time at 291-3499. February 7, 1994 Page 6 Oral Presentations - continued Karen Littler, 514 Kingbard Boulevard, spoke on behalf of a group of parents who are concerned about the safety of their children. On January 27, 1994, she noticed a sign posted at West 4th Street and Hubbard Avenue stating the school crossing stop light was being considered for possible removal. The principal of Kingsley and the Waterloo Board of Education told the people conducting the study that the light was absolutely necessary as at least 67 students, and possibly more, could use that crosswalk twice a day, five days a week. Ms. Littler stated they were informed on February 4, 1994 that the initial recommendation will be to remove the lights and not replace them. Councilperson Jordan stated that he had six calls Friday evening about this same recommendation to remove the stop light. Eric Thorson, City Engineer, stated he knew of no one who told them that the recommendation was to remove the crossing stop light at West 4th Street and Hubbard Avenue. Mr. Thorson stated they were only studying the light removal at this time and have made no recommendation as they are taking traffic counts and gathering information from the school system. They will present the information gathered from the survey to the Public Works Committee on their findings and ask for direction as to how to proceed. Pierre Denault, 205 Lovejoy, spoke as a parent of two children who attend Kingsley and is in favor of keeping the stop light. 102515 - City Attorney Jim Walsh stated that labor negotiation strategy is an approved topic of Executive Session as authorized by Iowa Code Section 21.9. Krizek/Jordan that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 102516 - Collier/Krizek that the Council adjourn Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 102517 - Mollenhoff/Jordan that the Council adjourn at 9:09 p.m. Ayes: Seven. Motion carried. Tom Campbell Acting Clerk/Auditor