HomeMy WebLinkAbout11/13/95November 13, 1995
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, November 13, 1995. Mayor John R. Rooff in
the Chair. Roll Call: Anders, Jordan, Murphy, Collier, Mollenhoff. Absent: Getty, Krizek.
Invocation by: Faye Scott, Ambassadors for Christ Church
Pledge of Allegiance: Bob Stevenson, Administrative Director
Recognition of Week: KWWL, Jim Waterbury, General Manager
105779 - Mollenhoff/Jordan
that the Agenda, as amended, for the Regular Session on Monday, November 13, 1995
at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Krizek.
Motion carried.
105780 Murphy/Collier
that the Minutes, as proposed, for the Regular Session on Monday, November 6, 1995
at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Krizek.
Motion carried.
Presentation of Solid Waste Recycling Award to City of Waterloo.
Presentation of Certificate of Excellence in Management Operations to the Waterloo
Housing Authority from the U.S. Department of Housing and Urban Development Public
Housing Management Assessment Program.
Mayor Rooff introduced Tim Kuhlmann, current Artist in City Hall Gallery.
Mayor Rooff read a proclamation declaring the week of November 12-18, 1995 as
American Education Week.
Mayor Rooff read a proclamation supporting President Clinton's comprehensive plan
to reduce smoking by children.
HEARINGS
105781 - Anders/Collier
that proof of publication of notice of public hearing on the request of Margaret
Stoutner to rezone from "R-2" One and Two Family Residence District to "R-4"
Multiple Family Residence District property generally located at the intersection
of Ridgeway Avenue and LaPorte Road to allow construction of an insurance office,
as published in the Waterloo Courier on October 31, 1995, be received and placed on
file. Ayes: Five. Absent: Getty, Krizek. Motion carried.
105782 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections.
Collier/Mollenhoff
that the hearing be closed and the petition containing signatures of persons who own
approximately 24.7 percent of the land within 250 feet of the area to be rezoned be
received and placed on file. Ayes: Five. Absent: Getty, Krizek. Motion carried.
105783 - Mollenhoff/Murphy
that the recommendation of approval of the Planning, Programming and Zoning
Commission and oral and written comments be received and placed on file. Ayes:
Five. Absent: Getty, Krizek. Motion carried.
105784 - Jordan/Murphy
that the first reading on the ordinance approving rezoning from "R-2" One and Two
Family Residence District to "R-4" Multiple Family Residence District be tabled to
November 20, 1995. Ayes: Five. Absent: Getty, Krizek. Motion carried.
105785 - Jordan/Collier
that proof of publication of notice of public hearing on the request to vacate a
portion of Murphy Road right -of way generally lying east and adjacent to Alexandra
Drive and to sell and convey the westerly 200 feet of Murphy Road right-of-way
generally lying east and adjacent to Alexandra Drive to Dan Deery Co., as published
in the Waterloo Courier on November 1, 1995, be received and placed on file. Ayes:
Five. Absent: Getty, Krizek. Motion carried.
105786 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written objections.
Rick Morris, attorney for Robert and Jacqueline Buckley objected to the sale and
conveyance of this property to Dan Deery Motors on the basis of their request for
acquisition of the property. Morris asked for an update on the action taken by the
Planning, Programming and Zoning Commission earlier this day on the vacation and
sale of the property.
November 13, 1995 Page 2
Hearings - continued
Assistant City Planner Dave Van Dee reported that the Planning Commission voted to
approve the vacation of the property with the following conditions. That a utility
easement remain city property for future use and that a construction easement be
retained until the construction of the Crossroads drainage way is completed by the
city next year.
There are two offers that have been received for the sale of the property. Dan
Deery Motors has proposed to bear the cost of construction for a proposed San Marnan
and Alexandra Drive intersection in exchange for the property. The proposed
intersection is estimated to cost between eighty and ninety thousand dollars to
construct. That would place the value of the property at $6.80 per square foot if
offered in exchange for the public improvements. Councilperson Jordan asked if the
property had been posted for public bid. Van Dee reported that it is not the City's
policy to bid this type of property as it is not considered buildable.
Rick Morris reported that the Buckleys inquired how to acquire the property earlier
last month. Robert and Jacqueline Buckley have made an offer of $15,000 for the
property which is comparable to the sale of adjacent property and would breakdown
to a cost of $1.07 per square foot. The Buckleys have agreed to retain the property
in its natural state during the period that the drainage way would be under
construction. They would be agreeable to all the stipulations as set by the
Planning, Programming and Zoning Commission. In the past it has been city policy
to offer adjacent land owners first right of purchase but that was not done for this
property. The Kirk Gross Company is willing to be assessed for any road
improvements such as this intersection whenever the city deems improvements are
necessary. Van Dee reported that the Buckleys' offer was received on October 23
while the Deery offer was received on October 19 and the council set this date of
hearing at the October 23rd council meeting.
Craig Mershon, Mershon Law Firm, asked the council to approve the vacation as
recommended by the Planning Commission and to approve the sale and conveyance as
requested by Dan Deery in exchange for the construction of the intersection. The
Deerys have agreed to the retainage of the utility easement and would agree to
making no improvements to the land until the construction of the drainage way is
complete. They have also agreed that if additional land is required for the
easement it would be accommodated. The land is intended for use as an employee
parking lot. The Deerys would require that all sixty-six feet be offered in
exchange for the pubic improvements. It would not be acceptable if the city would
offer half of the property to each adjacent owner for use. The plans and
specifications have been completed and approved by council for use of the full
sixty-six feet.
Bill Claassen, Claassen Engineering, provided aerial photographs of the area which
identified the current businesses and proposed public improvements. Claassen
informed the public that the Deerys purchased the drainage way adjacent to their
property and landscaped it which is an improvement to its previous condition. The
proposed intersection would also provide improved access to the area and alleviate
some congestion.
Bob Buckley, 1552 Pinnacle Place, stated that as owner of the Kirk Grosse Company
he is not objecting to the intersection. Dan Deery approached their company about
sharing in the costs of the intersection earlier this year and estimated the
construction costs at $50,000 and now it has inflated to $80,000. He stated that
he objects to the intended use of the land as a parking lot and would offer to
return the area to its grassy state if acquired by the Buckleys.
Jordan/Collier
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission of the vacation and oral and written comments be
received and placed on file. Ayes: Five. Absent: Getty, Krizek. Motion carried.
105787 Anders/Murphy
that the sale and conveyance be tabled pending additional information and until the
full council is in attendance to address the issue. Ayes: Five. Absent: Getty,
Krizek. Motion carried.
105788 Mollenhoff/Jordan
to vacate, sell and convey a portion of Murphy Road right-of-way generally lying
east and adjacent to Alexandra Drive. Ayes: Five. Absent: Getty, Krizek. Motion
carried.
REPORTS
105789 - Anders/Jordan
that communication from City Clerk transmitting October 1995 Financial Report, with
total revenue in the amount of $12,022,988.48 and total expenditures in the amount
of $7,435,472.75 be received and placed on file. Ayes: Five. Absent: Getty,
Krizek. Motion carried.
November 13, 1995
DOCUMENTS
105790 - Collier/Murphy
Page 3
that communication from Administrative Director transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $41,920.00 from Fuller Roofing Company
of Waterloo, Iowa in conjunction with Reroofing of Recreation & Arts Center, Fire
Stations #6, #8 and Carnegie Annex, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and City Clerk authorized to execute
same. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-688.
105791 - Mollenhoff/Jordan
that communication from Administrative Director transmitting Supplemental Agreement
No. 2 with RUST Environment & Infrastructure for construction review services in
conjunction with F.Y. 1995 River Diffuser for Water Pollution Control Facility,
Contract No. 485, together with recommendation of approval, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-689.
105792 - Murphy/Collier
that communication from Associate Engineer transmitting completion of project and
recommendation of acceptance of work completed by Suckow Concrete Construction, Inc.
of Hazleton, Iowa in conjunction with the F.Y. 1995 Sidewalk Repair Program - Zone
7, Contract No. 482, be received, placed on file and "Resolution approving said
document", be adopted. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-690.
105793 Jordan/Collier
that communication from Associate Engineer transmitting maintenance bond from Suckow
Concrete Construction, Inc. of Hazleton, Iowa in conjunction with the F.Y. 1995
Sidewalk Repair Program - Zone 7, Contract No. 482, be received and placed on file.
Ayes: Five. Absent: Getty, Krizek. Motion carried.
RESOLUTIONS TO BE ADOPTED
105794 - Anders/Jordan
that "Resolution authorizing signing of a revised Consolidated Annual Contributions
Contract (A.C.C.) #KC 3047 for 60 units of Public Housing (Ridgeway Towers and 10
FSS Single Family Houses)", be adopted. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-691.
105795 - Jordan/Mollenhoff
that communication from City Planner transmitting recommendation of approval of the
Revolving Loan Committee to approve a loan from the revolving loan fund in the
amount of $150,000, with 6.5 percent interest in conjunction with a matching loan
from Norwest and matching SBA 504 loan guidelines for $300,000 and to be annually
reviewed for refinancing, to remodel the current 99 -unit Copper Inne into a 66 -unit
Quality Suites and Inn, be received, placed on file and "Resolution approving said
loan", be adopted. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-692.
105796 - Murphy/Jordan
that "Resolution authorizing the Administrative Director to approve certain change
orders in conjunction with construction projects", be adopted. Ayes: Five.
Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-693.
105797 - Collier/Murphy
that communication from Superintendent of Traffic Operations requesting that
Lafayette Street between E. 4th Street and Park Avenue be returned to a one way
street upon completion of the expansion of the E. Park Avenue ramp, be received,
placed on file and "Resolution approving said request", be adopted. Ayes: Five.
Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-694.
November 13, 1995
Resolutions to be Adopted - continued
105798 - Anders/Murphy
Page 4
that "Resolution approving acquisition contract payments and accepting the deeds for
Parcel No. 52 (Fred & Pearl Hanson) in the amount of $1,500.00 and Parcel No. 56
(Mary V. Foust) in the amount of $24,000.00, with estimated relocation costs in the
amount of $19,380.00, in conjunction with Sherwood Park Voluntary Acquisition", be
adopted. Ayes: Four. Nays: Jordan. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-695.
ORDINANCES TO BE ADOPTED
105799 - Jordan/Murphy
that the petition containing one hundred thirty one signatures in favor of allowing
snowmobiling in the city limits be received and placed on file. Ayes: Five.
Absent: Getty, Krizek. Motion carried.
105800 - Jordan/Anders
that the report on the allowance of snowmobiling in major cities across Iowa, as
prepared by Police Chief Koehrsen, be received and placed on file. Ayes: Five.
Absent: Getty, Krizek. Motion carried.
105801 - Terry Poe-Buschkamp, Waterloo Convention and Visitors Bureau, asked the council not
to make her job any harder. The snowmobilers have held their annual conference in
Waterloo the last three years resulting in approximately $180,000 revenue to our
community each year. They have indicated that if Waterloo prohibits snowmobiling
they would be finding another location for their conference. Poe-Buschkamp asked
that the ordinance not be passed as it is presented tonight.
Larry Coffin, 1006 Martin Rd, reminded the council that he has submitted a petition
of over one hundred eighty names in support of a ban on snowmobiling. He feels the
public is overwhelmingly opposed to allowing snowmobiling within the city limits.
Dick Melick, past president of the Snowmobiler's Association, asked that
snowmobiling not be banned and stated that their request is to allow limited access
to the city limits. He feels the ban is a discriminatory act and would penalize
many sportsmen for the actions of a few violators.
Herbert Lynch, 715 Martin Rd, indicated that snowmobiles have a place for
recreational use but it is not appropriate in the city limits As a taxpayer he is
unwilling to pay the additional cost of enforcement if the ban is not passed.
Councilperson Jordan asked Chief Koehrsen to cite examples of the problems that the
police department has faced with snowmobilers.
Police Chief Koehrsen stated that there is no criminal activity related to
snowmobiling but it does result in noise and congestion problems. The current
ordinance is not enforceable as written because it is outdated.
Councilperson Jordan supports allowing access to snowmobilers because of the tourism
activity it generates and recommends that the current ordinance be tightened on
access routes to make it acceptable to all parties.
Mollenhoff/Anders
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 3234-1, Purpose,•Section 3234-3, Operation Limitations, and
Section 3234-4, Operation, of Chapter 3234, Snowmobiles; and enacting in lieu thereof
a new Section 3234-1, Purpose, and Section 3234-3, location of Operation, of Chapter
3234, Snowmobiles (banning snowmobiles in city limits) ", be received, placed on file,
considered and passed for the first time. Ayes: Anders. Nays: Jordan, Murphy,
Collier, Mollenhoff. Absent: Getty, Krizek. Motion not carried.
BILLS PAYMENT
105802 - Mollenhoff
that "Resolution approving Schedule AP640, pp. 1-47 dated November 13, 1995, in the
amount of $2,412,442.77, a copy of which is on file in the City Clerk's office", be
adopted. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-696.
NEW BUSINESS
105803 - Jordan/Murphy
that communication from Administrative Director transmitting recommendation of
appointment of James Quint as Manager, Information Services, effective November 14,
1995, be received, placed on file and approved. Ayes: Five. Absent: Getty,
Krizek. Motion carried.
November 13, 1995
New Business - continued
105804 - Murphy/Jordan
Page 5
that communication from City Planner transmitting recommendation of appointment of
Kevin Blanshan to the position of Development Services Program Manager, effective
November 14, 1995, be received, placed on file and approved. Ayes: Five. Absent:
Getty, Krizek. Motion carried.
105805 - Jordan/Murphy
that communication from Waterloo Water Works General Manager transmitting proposed
budget for Waterloo Water Works for Calendar Year 1996, together with recommendation
of approval of the Board of Trustees, be received, placed on file and "Resolution
setting date of hearing as November 27, 1995 at 7:00 p.m. in the City Hall Council
Chambers on the above described request", be adopted and City Clerk instructed to
publish notice of same. Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-697.
105806 - Anders/Jordan
that communication from Executive Director of Silos & Smokestacks transmitting
request for a letter of support from the city council for two bills in Congress
endorsing the Silos & Smokestacks program in Waterloo and throughout Northeast Iowa,
be received, placed on file and "Resolution approving said request", be adopted.
Ayes: Five. Absent: Getty, Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-698.
Travel Requests
105807 - Mollenhoff/Collier
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1.
Two Fire Instructors to teach class to IBP at Storm Lake, Iowa on November 13-15,
1995, with costs not to exceed $820.00, with total costs to be reimbursed.
2. Two Fire Instructors to teach class at IBP
13-15, 1995, with costs not to exceed
reimbursed.
3. Two Fire Instructors to teach class at IBP
16-18, 1995, with costs not to exceed
reimbursed.
4. Two Fire Instructors to teach class at IBP
20-22, 1995, with costs not to exceed
reimbursed.
at Dakota City, Nebraska, on November
$1,420.00, with total costs to be
at Dakota City, Nebraska, on November
$1,420.00, with total costs to be
at Dakota City, Nebraska, on November
$1,420.00, with total costs to be
5. Ernest Clark, Police Officer, to attend FBI Basic Fingerprint
Falls, South Dakota on December 4-8, 1995, with costs not to
including the use of city vehicle.
School in Sioux
exceed $725.00,
6. Brett Bredman, Medical Supervisor, to attend 1995 Iowa Emergency Medical Services
Association Conference in Des Moines, Iowa on December 1-3, 1995, with costs not
to exceed $180.00, including the use of city vehicle.
7. Jeff Hedrington, EMS Coordinator, to attend 1995 Iowa Emergency Medical Services
Association Conference in Des Moines, Iowa on December 1-2, 1995, with costs not
to exceed $240.00, including the use of city vehicle.
8. Pat Vollbrecht, Fire Lieutenant, to attend Critical Incident Stress Debriefing
in Des Moines, Iowa on November 10-11, 1995, with costs not to exceed $225.00.
Ayes: Five. Absent: Getty, Krizek. Motion carried.
MISCELLANEOUS
105808 - Murphy/Jordan
that the following beer and liquor license permit applications be received, placed
on file and endorsed applications forwarded to the Iowa Beer and Liquor Control
Department and the following cigarette license permit applications and application
for going out of business sale be received, placed on file and approved:
1. Beer/Liquor License Permit Application
Class C
929 Tap, 929 West 5th Street (Renewal) (Expires 11/30/96)
2. Application for Dance License
Disco Macho Night Club, 118 East llth Street
November 13, 1995 Page 6
Miscellaneous - continued
3. Application for Cigarette License Permit
Mexi Kelly's 801 Commercial Street
Skips Pro Shop, 820 E. Donald Street
929 Tap, 929 West 5th Street
Kimball Avenue Drug, 2104 Kimball Avenue
K -Mart, 1645 San Marnan Drive
Rita's Place, 3005 University Avenue
K -Mart, 3810 University Avenue
Ben Franklin/Coast to Coast, 2074 Logan Avenue
Bishop Corner Grocery, 700 Bishop Avenue
Bo's, 118 Commercial Street
Byrnes Park Golf Course, 1000 Fletcher Avenue
Wal-Mart, 1334 Flammang Drive
S & S Meats, 930 West 3rd Street
Greyhound Lounge, 708 Jefferson Street
Mama Nick's, 1934 Washington Street
Kaboo's, 324 West 4th Street
Buzz's Bar, 1016 Maynard
Corks, 1956 Lafayette Street
Econo Foods, 1411 Flammang Drive
Z's Seven Seas, 3937 W. Airline Highway
Casey's, 4014 University Avenue
Ray's Super Value, 1975 Franklin Street
Amvets, 32 Lafayette Street
Petro -N -Provisions, 1807 LaPorte Road
Adams Grocery, 1010 Mitchell Avenue
Narey's 19th Hole, 2073 Logan Avenue
Cadillac Lanes, 650 LaPorte Road
4. Application for Going Out of Business Sale
Steve's Pro Shop, 1844 West Ridgeway (November 6, 1995 - January 6, 1996)
Ayes: Five. Absent: Getty, Krizek. Motion carried.
ORAL PRESENTATIONS
105809 - Tom Hall, 303 Logan Ave, congratulated the Mayor and council on winning the election
and provided a congratulatory card and gift to the Mayor.
Mollenhoff/Collier
that the above oral comments be received and placed on file. Ayes: Five. Absent:
Getty, Krizek. Motion carried.
ADJOURNMENT
105810 - Jordan/Collier
that the Council adjourn at 8:40 p.m. Ayes: Five. Absent: Getty, Krizek. Motion
carried.
Susan Fangman
City Clerk