HomeMy WebLinkAbout09/18/95September 18, 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, September 18, 1995. Mayor John R. Rooff
in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff.
Invocation by: Pastor Dick Fawcett, Cedar Valley Community Church
Pledge of Allegiance: Jim Rodemeyer, Personnel Director
Recognition of Week: Waterloo Mills, Dave Roberts, President
105525 - Mollenhoff/Jordan
that the Agenda,
at 7:00 p.m., be
105526 - Jordan/Murphy
that the Minutes,
at 7:00 p.m., be
as amended, for the Regular Session on Monday, September 18, 1995
accepted and approved. Ayes: Seven. Motion carried.
HEARINGS AND BIDS
105527 - Anders/Murphy
as proposed, for the Regular Session on Monday, September 11, 1995
accepted and approved. Ayes: Seven. Motion carried.
that proof of publication of notice of public hearing on specifications, form of
contract, etc. and taking of bids for the F.Y. 1996 Snow Removal Winter of 1995-1996
Program, as published in the Waterloo Courier on September 8, 1995, be received and
placed on file. Ayes: Seven. Motion carried.
105528 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written comments and there were none.
Collier/Murphy
that the hearing be closed. Ayes: Seven. Motion carried.
105529 - Murphy/Jordan
that "Resolution confirming the approval of specifications, form of contract, etc.
in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-576.
105530 - Mollenhoff/Collier
that "Resolution authorizing to proceed with the above described property", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-577.
105531 - Jordan/Murphy
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review and approval (award of contract
delayed):
Bidder Bid Bond Bid Amount
Cedar Valley Corporation, Waterloo, IA
Peterson Contractors, Inc., Reinbeck, IA
Ayes: Seven. Motion carried.
HEARINGS
105532 - Mollenhoff/Collier
$5,000.00
$5,000.00
$2,150.00 per hour
$2,275.00 per hour
that proof of publication of notice of public hearing on request of Loveland
Waterfalls Ltd. and Peters Construction Corporation for a "C-2" Commercial/"C-Z"
Conditional Zoning site plan amendment for Tower Park to construct a 50' x 245' car
wash to be generally located between W. San Marnan Drive and Tower Park, west of
Nicki Street, as published in the Waterloo Courier on September 12, 1995, be
received and placed on file. Ayes: Seven. Motion carried.
105533 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written comments and there were none.
Krizek/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.
September 18, 1995 Page 2
Hearings - continued
105534 - Jordan/Collier
that "Resolution approving said site plan amendment", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-578.
PETITIONS FROM PUBLIC
105535 - Murphy/Jordan
that communication from City Engineer transmitting request of Debra Wynthein for a
waiver for a concrete driveway to be located at 165 Martin Road, 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. 1995-579.
105536 - Krizek/Collier
that communication from City Planner transmitting "S-1" Shopping Center District
site plan amendment request from Wal-Mart Store, 1334 Flammang Drive, for a proposed
6,500 square foot seasonal shop and greenhouse addition to the existing garden
center on the west side of the store, together with recommendation of approval of
the Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as September 25, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-580.
105537 Murphy/Jordan
that communication from City Planner transmitting request of Waterloo Industrial
Development Association (W.I.D.A.) to rezone from "A-1" Agricultural District to "M -
2,P" Planned Industrial District approximately 247.7 acres of property generally
located between Newell Street on the north and the proposed Martin Luther King, Jr.
Drive to the south, east of the City View Heights area, together with recommendation
of approval of the Planning, Programming and Zoning Commission, be received, placed
on file and "Resolution setting date of hearing as October 9, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-581.
105538 - Mollenhoff/Collier
that communication from Associate Engineer transmitting request of Peterson
Contractors, Inc. for a variance to the Truck Embargo Ordinance, Section 574 of the
Traffic Code, on Beech Street from Douglas Street to Newell Street, Mohawk Street
from Independence Avenue to Glenwood Street, Glenwood Street from Mohawk Street to
Linden Avenue in conjunction with Martin Luther King, Jr. Drive Construction - Phase
II, HDP -9107(005)--71-07, Contract No. 472, 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. 1995-582.
DOCUMENTS
105539 - Krizek/Collier
that renewal of Iowa Department of Transportation Adopt a Highway Application to
allow Boy Scout Troop 117 to pick up trash on U.S. Highway 218 from Shaulis Road
south to the city limits, be received, placed on file and "Resolution approving said
application", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-583.
105540 - Anders/Mollenhoff
that communication from Assistant City Engineer transmitting construction plans for
sanitary sewerage facilities serving Iowa Army National Guard Army Aviation Support
Facility No. 2, as submitted by Wayne Claassen Engineering and Surveying, Inc., and
Sewage Treatment Agreement DNR Form 29 (Dec. 86), together with recommendation of
approval subject to review and acceptance by the Department of Natural Resources„
be received, placed on file and "Resolution approving said construction plans and
agreement", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-584.
September 18, 1995
Documents - continued
105541 - Mollenhoff/Collier
Page 3
that communication from Associate Engineer transmitting an agreement with the
Chicago & North Western Transportation Company (CNW) for the purpose of constructing
automatic flashing light signals with motion circuitry gate arms at the Newell
Street crossing of the CNW tracks, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted and
Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-585.
105542 - Anders/Jordan
that the Preliminary
Certificate of Survey,
and Zoning Commission,
preliminary plat", be
Plat of Blake's Minor Plat, together with Engineer's
Deed of Dedication and approval of the Planning, Programming
be received, placed on file and "Resolution approving said
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-586.
105543 - Getty/Jordan
that the Final Plat of Crossroads Plat No. 6, together with Engineer's Certificate
of Survey, Deed of Dedication and approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution approving said final plat",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-587.
105544 - Krizek/Collier
that communication from City Planner transmitting an agreement with the Iowa
Department of Transportation for State Enhancement Funds in the amount of
$505,700.00, with the city's share to be $84,539.00, in conjunction with 218/Cedar
Valley Lakes Trail - Phase I, STP -ES -8155(12)--81-07, 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.
Prior to a vote on the above motion the following discussion was heard.
Mayor Rooff asked City Planner Don Temeyer to explain the funding for the City's
share of Phase I of the bike trail. Temeyer explained that the $84,539.00 was
funded through the 1994 GO Bond sale and that the funds were specifically programmed
for this purpose.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-588.
105545 - Collier/Murphy
that communication from Associate Engineer transmitting completion of project and
recommendation of acceptance of work performed by Peterson Contractors, Inc. of
Reinbeck, Iowa in conjunction with F.Y. 1995 Mullan Avenue Pedestrian Overpass
Repairs, Contract No. 477, be received, placed on file and "Resolution approving
said document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-589.
105546 - Mollenhoff/Collier
that Maintenance Bond from Peterson Contractors, Inc. of Reinbeck, Iowa in
conjunction with F.Y. 1995 Mullan Avenue Pedestrian Overpass Repairs, Contract No.
477, be received, placed on file and approved. Ayes: Seven. Motion carried.
105547 - Anders/Jordan
that communication from Assistant City Engineer transmitting construction plans for
paving of the alley adjacent to Kwik Star located at Broadway and Conger Streets,
as submitted by Heinick Engineering Group, Inc. together with recommendation of
approval, be received, placed on file and "Resolution approving said construction
plans", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-590.
105548 - Krizek/Collier
that communication from Assistant City Engineer transmitting construction plans for
private sanitary sewerage facilities serving the W.C. Stokes Estates, as submitted
by Wayne Claassen Engineering and Surveying, Inc. and Sewage Treatment Agreement DNR
Form 29 (Dec. 86), together with recommendation of approval subject to review and
acceptance by the Department of Natural Resources, be received, placed on file and
"Resolution approving said construction plans and agreement", be adopted and Mayor
authorized to execute same.
September 18, 1995 Page 4
Documents - continued
Prior to a vote on the above motion the following discussion was heard.
Mayor Rooff reported that he has been contacted about concerns from the developer
on the water main size for this contract. City Engineer Eric Thorson agreed to look
into the matter.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-591.
105549 Anders/Jordan
that communication from City Attorney transmitting an agreement with the Eagle
Tanning Company for wastewater treatment be tabled for one week. Ayes: Seven.
Motion carried.
105550 - Krizek/Collier
that communication from City Planner transmitting an agreement with the Iowa
Department of Transportation for RISE funding in the amount of $148,313.00, with the
city's share to be $37,078.20, in conjunction with the VGM Access Road, RM -8155(14)-
-9D-07, 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.
Prior to a vote on the above motion the following discussion was heard.
Mayor Rooff asked City Planner Don Temeyer to explain the source of the city's share
for the access road. Temeyer reported that the $37,078 match is less than the
estimated $50,000 match due to the DOT's request to downsize the project to complete
the road just in front of the first building. These funds will be programmed in the
next GO bond sale and should be available before the project can begin.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-592.
105551 Mollenhoff/Collier
that communication from Traffic Engineer transmitting an agreement with Chicago,
Central and Pacific Railroad, Inc. to install a traffic signal interconnect conduit
underneath the railroad tracks located next to the Mullan Avenue overpass on Highway
63 between Dane Street and Conger/Newell Streets in conjunction with Subsystem "Q",
Contract No. 404, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-593.
RESOLUTIONS TO BE ADOPTED
105552 Jordan/Murphy
that "Resolution amending Resolution No. 1992-546, which establishes parking
regulations in the Central Business District to remove parking meters on the west
side of West 6th Street between Jefferson Street and Commercial Street", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-594.
105553 - Collier/Mollenhoff
that "Resolution changing the location of the city council meeting of October 2,
1995 to Grant School, 1223 Mobile Street", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-595.
ORDINANCES TO BE ADOPTED
105554 - Krizek/Jordan
that "an Ordinance rezoning from "R-2" One & Two Family Residence District to "C -Z"
Conditional Zoning property generally located at 717 Fairview Avenue to continue
landscaping business --Timothy Zoll", be tabled indefinitely.
Prior to a vote on the above motion the following discussion was heard.
City Planner Don Temeyer explained that the original notice of the public hearing
request was submitted to the Clerk incorrectly and the process needs to be
restarted.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven. Motion carried.
September 18, 1995
Ordinances to be Adopted - continued
105555 - Anders/Jordan
Page 5
that "Resolution setting date of hearing as October 9, 1995 at 7:00 p.m. in the City
Hall Council Chambers on the request of Timothy Zoll to rezone from "R-2" One and
Two Family Residence District to "C-2" Commercial District"C-Z" Conditional Zoning
property generally located at 717 Fairview Avenue to continue landscaping Business",
be adopted and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-596.
105556 - Murphy/Jordan
that "an Ordinance amending the 1991 Traffic Code: by adding Subsections (4a)
Audubon Drive, (18a) Calhoun Street, and (80a) Minnesota Street of Section 543, Thru
Streets; and by repealing Subsection (355) Sixth Street (W) of Section 551, Parking
Prohibited at all Times on Certain Streets; and enacting in lieu thereof new
Subsection (355) Sixth Street (W) of Section 551, Parking Prohibited at all Times
on Certain Streets (installation of stop signs at the intersection of Minnesota and
Plymouth, installation of stop signs at the intersection of Audubon and Caras,
installation of stop signs at the intersection of Ogden, no parking on the west side
of W. 6th Street from Jefferson Street to Commercial Street)", be received, placed
on file, considered and passed for the first time. Ayes: Seven. Motion carried.
105557 - Krizek/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
105558 - Jordan/Murphy
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.
105559 Collier/Jordan
that "an Ordinance amending the 1991 Traffic Code: by adding Subsections (4a)
Audubon Drive, (18a) Calhoun Street, and (80a) Minnesota Street of Section 543, Thru
Streets; and by repealing Subsection (355) Sixth Street (W) of Section 551, Parking
Prohibited at all Times on Certain Streets; and enacting in lieu thereof new
Subsection (355) Sixth Street (W) of Section 551, Parking Prohibited at all Times
on Certain Streets (installation of stop signs at the intersection of Minnesota and
Plymouth, installation of stop signs at the intersection of Audubon and Caras,
installation of stop signs at the intersection of Ogden, no parking on the west side
of W. 6th Street from Jefferson Street to Commercial Street)", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4128.
105560 - Mollenhoff/Anders
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8, Fee for Service, of Chapter 16, Garbage and Refuse;
and enacting in lieu thereof a new Section 16-8, Fee for Service of Chapter 16,
Garbage and Refuse (fees for volume based garbage)", be received, placed on file,
considered and passed for the first time.
Prior to a vote on the above motion the following discussion was heard.
Mayor Rooff stated that the passage of this ordinance affirms the council's decision
to establish a volume based garbage system with automated pickup. It has been
proposed that each resident will be provided with five free bag tags to use in
disposing of excess waste above the stated limit. Any customer ordering the wrong
size receptacle will be allowed to exchange the container within the first ninety
days at no charge, thereafter a twenty dollar fee will be charged to exchange
receptacles.
Councilperson Mollenhoff reported that he has heard only positive feedback from
citizens supporting the change to automation.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Six. Nays: Jordan. Motion carried.
105561 - Mollenhoff/Murphy
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes:. Six. Nays: Jordan. Motion carried.
105562 - 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: Six. Nays:
Jordan. Motion carried.
September 18, 1995
Ordinances to be Adopted - continued
105563 - Mollenhoff/Murphy
Page 6
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8, Fee for Service, of Chapter 16, Garbage and Refuse;
and enacting in lieu thereof a new Section 16-8, Fee for Service of Chapter 16,
Garbage and Refuse (fees for volume based garbage)", be adopted. Ayes: Six. Nays:
Jordan.
Ordinance adopted and upon approval by Mayor assigned No. 4129.
BILLS PAYMENT
105564 - Krizek
that "Resolution approving Schedule AP640, pp. 1-60, dated September 18, 1995, in
the amount of $1,250,060.86, a copy of which is on file in the City Clerk's office",
be adopted, with Councilperson Mollenhoff abstaining on Invoice #15546. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-597.
NEW BUSINESS
105565 - Krizek/Collier
to instruct Administrative Director to prepare plans, specifications, form of
contract, etc. in conjunction with Water Pollution/Flood Control Improvements, River
Diffuser, Contract No. 485, be received, placed on file and approved. Ayes: Seven.
Motion carried.
105566 - Anders/Jordan
that plans, specifications, form of contract, etc. in conjunction with above
described project be received and placed on file. Ayes: Seven. Motion carried.
105567 - Murphy/Krizek
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-598.
105568 - Mollenhoff/Collier
that "Resolution setting date of hearing on plans, specifications, etc. and taking
of bids as October 16, 1995 at 7:00 p.m. in the City Hall Council Chambers on the
above described project", be adopted and City Clerk instructed to publish notice of
hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-599.
Travel Requests
105569 - Murphy/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Bob Stevenson, Administrative Director, to attend Iowa Municipal Finance Officers
Association Fall Meeting in Des Moines, Iowa on October 18-20, 1995, with costs
not to exceed $255.00.
2. Ernest Clark, Police Officer, to attend Crime Scene Photography School in
Johnston, Iowa on September 26-28, 1995, with costs not to exceed $142.29,
including the use of city vehicle.
Ayes: Seven. Motion carried.
MISCELLANEOUS
105570 - 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 the following applications for fireworks display and going
out of business be received, placed on file and approved:
1. Beer License Permit Application
Class B
National Cattle Congress Exhibition, 300 Ansborough Avenue (Renewal) (Expires
9/19/96) (Includes Sunday Sales)
Gates Park Golf Course, 820 East Donald (Renewal) (Expires 10/3/96) (Includes
Sunday Sales)
September 18, 1995 Page 7
Miscellaneous - continued
2. Beer License Permit Application
Class C
Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 10/17/96) (Includes Sunday Sales)
3. Beer/Liquor License Permit Application
Class C
National Dairy Cattle Congress, 3250 Greyhound Drive (Renewal) (Expires 9/25/96)
(Includes Sunday Sales)
T.J. & Company, 3850 West Airline (Renewal) (Expires 9/24/96)
Application for Fireworks Display
National Cattle Congress on September 22, 1995
Going out of Business Application
Creative Design Jewelers, 184 Crossroads (60 days --November 22, 1995)
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
105571 Councilperson Collier asked that Traffic Operations look at the removal of the
parking on East Fourth Street in front of Sullivan Park on next week's agenda.
Councilperson Krizek asked for an update on the Highway 63 access hearing. City
Engineer Eric Thorson reported that the council would be setting the date of hearing
next week for this project.
Todd Pennwell, Broadway Auto, asked when the no parking ordinance for the four
hundred block of Edwards Street passed. Mr. Pennwell spoke with Councilperson
Getty about the issue and voiced his objections. He was not aware that it would be
on the agenda so quickly. Mr. Pennwell was asked to speak with Councilperson Anders
about his concerns after the meeting.
Elaine Jaquith, 810 Cornwall Ave, reported that she received several phone calls
about the media coverage of the Department of Interior statement regarding the leaf
burning issue. She stated that after talking with the agency no federal ruling has
been made, it was just a memorandum from the Department of Justice. She was
informed that she will be informed of her rights as it pertains to the American With
Disability Act. She gave credit to Senator Tom Harkin for his championing the
concern for the disabled. The ADA is proving to be successful in assisting persons
with breathing difficulties. Ms. Jaquith was informed that the three minute time
limit was completed for oral presentations.
Collier/Jordan
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
ADJOURNMENT
105572 - Jordan/Krizek
that the Council adjourn at 7:58 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk