HomeMy WebLinkAbout09/11/95September 11, 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 11, 1995. Mayor John R. Rooff
in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff.
Invocation by: Reverend Merrill Siler, St. Paul's United Methodist Church
Pledge of Allegiance: Larry Cunningham, Superintendent of Central Garage
Recognition of Week: Brown Bottle, Chuck Landau, Owner
105475 - Mollenhoff/Collier
that the Agenda, as amended, for the Regular Session on Monday, September 11, 1995
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
105476 Collier/Jordan
that the Minutes, as proposed, for the Regular Session on Tuesday, September 5, 1995
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff performed swearing-in of Reserve Police Officers Amy Lynn Bengston,
Derek Brown, Brian Bullock, Craig Ceilley, Kristen Day, James Noss, Kurt Owens,
Joseph Pryor, Steven Paul Swanson, Bret Charles Thompson, James D. Uher, Ron Farkas.
HEARINGS
105477 - Mollenhoff/Jordan
that proof of publication of notice of public hearing on request of Big River
Equipment Company to vacate the northerly 34 feet of the southerly 100 feet of
property generally located on the northerly side of Airline Highway, west of Airport
Boulevard to construct an office building at 2958 W. Airline Highway, as published
in the Waterloo Courier on August 30, 1995, be received and placed on file. Ayes:
Seven. Motion carried.
105478 - 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 Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
105479 - Jordan/Collier
that "an Ordinance vacating the northerly 34 feet of the southerly 100 feet of
property generally located on the northerly side of Airline Highway, west of Airport
Boulevard", be received, placed on file, considered and passed for the first time.
Ayes: Seven. Motion carried.
105480 - Krizek/Mollenhoff
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
105481 - Collier/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.
105482 - Murphy/Jordan
that "an Ordinance vacating the northerly 34 feet of the southerly 100 feet of
property generally located on the northerly side of Airline Highway, west of Airport
Boulevard", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4124.
105483 - Anders/Krizek
that proof of publication of notice of public hearing on request of Timothy Zoll to
rezone from "R-2" One & Two Family Residence District to "C -Z" Conditional Zoning
property generally located at 717 Fairview Avenue to continue landscaping business,
as published in the Waterloo Courier on August 30, 1995, be received and placed on
file. Ayes: Seven. Motion carried.
105484 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
September 11, 1995 Page 2
Hearings - continued
Timothy Zoll, 717 Fairview Ave, informed the council that he has been operating from
this location for five years and has kept the location clean during that time. The
Zoning Commission reported one of their points of opposition as the intended size
of the building, and he would be willing to downsize the garage from a forty by
fifty foot building to a thirty by forty foot building. The other point of
opposition is the residential zoning, but his lot is on the opposite corner from an
M-1 zone and would not adversely affect the neighborhood. He has visited with the
neighbors and none have stated any opposition to this rezoning.
Councilperson Jordan asked Mr. Zoll what type of building he planned to erect. Mr.
Zoll stated that the building is a storage garage to store vehicles and some
equipment. There is currently another garage on the site and it would be torn down
but the adjacent storage building would remain on the site.
Mayor Rooff asked for a staff report on the reasons for the recommendation of denial
by the Planning & Zoning Commission. City Planner Don Temeyer stated that the
Commission looked at the issues of the size and use of the building. The
encroachment of commercial zoning into residential areas can adversely impact the
property values for nearby homes. The Zoning Commission requested Mr. Zoll consider
looking for another established commercial property for his business expansion.
Councilperson Getty requested clarification on the conditional zoning as to whether
the property could be sold and continue to be used as a commercial property.
Temeyer reported that with a conditional zoning the residence can't be sold and then
reused for commercial purposes unless all conditions of the zoning remain in effect.
It is appropriate to add conditions to the zoning ordinance requiring the down
sizing of the building, set backs and purpose of use.
Councilperson Anders informed the council that he talked to ten of the neighbors in
this area and they stated their overwhelming support for Mr. Zoll. He operates his
business in a manner which is considerate, quiet and safety conscious towards his
neighbors.
Councilperson Krizek asked Mr. Zoll if he has looked into relocating his business
to a commercial property. Mr. Zoll stated that he had not investigated this matter
because he hasn't received any complaints and he just basically stores equipment at
the location.
Councilperson Mollenhoff reported that he drove by the residence and it is a very
neat business and he received two phone calls in support of Mr. Zoll's request for
rezoning.
Getty/Murphy
that the hearing be closed and oral and written comments be received and placed on
file. Ayes: Seven. Motion carried.
105485 - Anders/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance,
by adding Subsection 69 to Section 2A -7N, Conditional Zoning Certain Property", be
received, placed on file, considered and passed for the first time, subject to site
plan as submitted to allow a 30' x 40 foot garage instead of a 40' x 50' garage.
Ayes: Six. Nays: Krizek. Motion carried.
105486 - Getty/Anders
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Four. Nays: Jordan, Krizek, Mollenhoff. Motion not
carried.
105487 Krizek/Jordan
that proof of publication of notice of public hearing on amendments to Zoning
Ordinance No. 2479, as amended, as it pertains to the City's Flood Plain Management
provisions, including definitions of historic structures and recreational vehicles,
and regulations pertaining to recreational vehicles in the "A-1" Agricultural and
"R-1" Residential districts, as published in the Waterloo Courier on August 30,
1995, be received and placed on file. Ayes: Seven. Motion carried.
105488 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written 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.
September 11, 1995
Hearings - continued
105489 - Jordan/Krizek
Page 3
that "an Ordinance amending Zoning Ordinance No 2479, as amended, as it pertains to
the City's Flood Plain Management provisions, including definitions of historic
structures and recreational vehicles, and regulations pertaining to recreational
vehicles in the "A-1" Agricultural and "R-1" Residential districts", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
105490 - Jordan/Mollenhoff
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
105491 - 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.
105492 - Collier/Jordan
that "an Ordinance amending Zoning Ordinance No 2479, as amended, as it pertains to
the City's Flood Plain Management provisions, including definitions of historic
structures and recreational vehicles, and regulations pertaining to recreational
vehicles in the "A-1" Agricultural and "R-1" Residential districts", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4125.
UNFINISHED BUSINESS
105493 - Collier/Krizek
that communication from Superintendent of Streets/Sanitation transmitting
recommendation of award of contract to Mid Iowa in the amount of $373,025.89 in
conjunction with Automated Refuse Carts Contract, be received, placed on file and
"Resolution approving award of said contract", be adopted.
Prior to a vote on the above motion the following discussion was heard.
Councilperson Jordan asked for the total cost difference between the low bidder and
the recommended bidder. Dick Grimm, Superintendent of Streets/Sanitation, reported
that in the total process there is a $44,000 difference in cost between the two
bids. Factors that are influencing the award of the bid include the fact that low
bid does not meet specifications because the interior of the container is not free
from indentations which could hold waste and attract insects or vermin, the low
bid's warranty specifically excludes normal wear and tear and the bottom of the
Ameri-cart does not have a wear plate and seems to drag when filled which could
cause wear and tear. Also, customers viewing the containers have stated their
preference for the Otto cart due to its looks, size and ease of movement.
Councilperson Anders stated that there is a difference in delivery time, the low bid
is sixty days while the Mid -Iowa cart delivery is scheduled to occur thirty days
from award of contract.
Follow discussion a vote was taken on the above motion with the following result.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-561.
105494 - Mollenhoff/Krizek
that communication from Assistant City Engineer transmitting recommendation of award
of contract in the amount of $84,142.20 to Borwig Building Service of Waterloo, Iowa
in conjunction with F.Y. 1996 Young Arena Parking Lot Improvements, Contract No.
498, be received, placed on file and "Resolution approving award of said contract",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-562.
105495 - Krizek/Collier
that communication from City Planner transmitting recommendation to reject bid from
Don's Planting & Landscaping, Inc. of Waterloo, Iowa in conjunction with Windows on
Waterloo, Phase IV, Landscaping Improvement Project, Highway 218 Corridor, be
received, placed on file and approved. Ayes: Seven. Motion carried.
105496 - Krizek/Collier
to instruct City Planner to prepare specifications, form of contract, etc. in
conjunction with Windows on Waterloo, Phase IV, Landscaping Improvement Project,
Highway 218 Corridor, be received, placed on file and approved. Ayes: Seven.
Motion carried.
September 11, 1995
Unfinished Business - continued
105497 - Krizek/Jordan
Page 4
that specifications, form of contract, etc. in conjunction with Windows on Waterloo
IV, Landscape Improvement Project, Highway 218 Corridor, be received and placed on
file. Ayes: Seven. Motion carried.
105498 - Murphy/Krizek
that "Resolution preliminarily approving specifications, form of contract, etc. in
conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-563.
105499 - Krizek/Jordan
that "Resolution setting date of hearing on specifications, etc. and taking of bids
as September 25, 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. 1995-564.
PETITIONS FROM PUBLIC
105500 - Anders/Jordan
that communication from City Engineer transmitting request of Larry Gentle for a
waiver for an asphalt driveway to be located at 3528 Logan Avenue, 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. 1995-565.
105501 - Anders/Jordan
that communication from City Engineer transmitting request of Garold T. Fisher for
a waiver for a concrete driveway to be located at 4129 Suburban Drive, 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. 1995-566.
105502 - Krizek/Collier
that communication from City Planner transmitting request of Loveland Waterfalls
Ltd. and Peters Construction Corporation to amend the "C-2" Commercial District/"C-
Z" site plan for Tower Park to allow construction of a 50' x 245' car wash to be
located between W. San Marnan Drive and Tower Park Drive, west of Nicki Street, be
received, placed on file and "Resolution setting date of hearing as September 18,
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. 1995-567.
DOCUMENTS
105503 - Mollenhoff/Krizek
that communication from Assistant City Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $84,142.20 from Borwig Building Service
of Waterloo, Iowa in conjunction with F.Y. 1996 Young Arena Parking Lot
Improvements, Contract No. 498, together with recommendation of approval, be
received, placed on file and "Resolution approving said documents", be adopted and
Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-568.
105504 - Anders/Murphy
that communication from Police Chief transmitting agreement with the Iowa Department
of Public Safety for funding of Lieutenant Robert Greenlee to participate with the
Governor's Traffic Safety Bureau for promotion of motor vehicle occupant protection
among law enforcement agencies and communities throughout Iowa for the time period
beginning October 1, 1995 through January 31, 1996, 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. 1995-569.
September 11, 1995
Documents - continued
105505 - Mollenhoff/Anders
Page 5
that communication from Metropolitan Transit Authority transmitting request that the
city guarantee an operating line of credit in the amount of $500,000 using the
transit levy as collateral be receive, placed on file and "Resolution approving said
request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-570.
105506 - Jordan/Collier
that communication from Police Chief transmitting an application with the U.S.
Department of Justice for additional funding in the amount of $25,000.00 in relation
to the existing Police Hiring Grant, with no local match required, be received,
placed on file and "Resolution approving submission of said application", be adopted
and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-571.
105507 - Mollenhoff/Murphy
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (25a) Edwards
to Section 553, No Parking Here to Corner (prohibiting parking in the 400 block of
Edwards Street on the north side from the alley to Broadway Street)", be received,
placed on file, considered and passed for the second time. Ayes: Six. Nays:
Anders. Motion carried.
105508 - Krizek/Getty
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Nays: Anders. Motion carried.
105509 - Jordan/Krizek
that the following ordinance be recorded as having been considered and passed for
the third time and now placed on its final adoption. Ayes: Six. Nays: Anders.
Motion carried.
105510 - Getty/Mollenhoff
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (25a) Edwards
to Section 553, No Parking Here to Corner (prohibiting parking in the 400 block of
Edwards Street on the north side from the alley to Broadway Street)", be adopted.
Ayes: Six. Nays: Anders.
Ordinance adopted and upon approval by Mayor assigned No. 4126.
105511 - Krizek/Collier
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (92a) Oliver
Street to Section 543, Thru Streets (installation of stop signs at the intersection
of Linn Street and Oliver Street)", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
105512 - Collier/Murphy
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Nays: Anders. Motion carried.
105513 - 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: Six. Nays:
Anders. Motion carried.
105514 - Collier/Mollenhoff
that "an Ordinance amending the 1991 Traffic Code by adding Subsection (92a) Oliver
Street to Section 543, Thru Streets (installation of stop signs at the intersection
of Linn Street and Oliver Street)", be adopted. Ayes: Six. Nays: Anders.
Ordinance adopted and upon approval by Mayor assigned No. 4127.
BILLS PAYMENT
105515 - Krizek
that "Resolution approving Schedule AP640, pp.
amount of $1,530,624.37, a copy of which is on
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor
1-55, dated September 5, 1995 in the
file in the City Clerk's office", be
assigned No. 1995-572.
September 11, 1995
NEW BUSINESS
105516 - Murphy/Jordan
that communication from Superintendent of Streets/Sanitation
recommendation of award of contract to North American Salt Co. in
$28.25 per ton for a total of $84,750.00 in conjunction with 1995
received, placed on file and "Resolution approving award of said
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-573.
Page 6
transmitting
the amount of
Salt Bids, be
contract", be
105517 - Krizek/Collier
to instruct Building Maintenance Supervisor to prepare specifications, form of
contract, etc. in conjunction with Roof Replacement at Recreation & Arts Center,
Fire Stations #6 and #8, and Carnegie Annex, be received, placed on file and
approved. Ayes: Seven. Motion carried.
105518 - Krizek/Jordan
that specifications, form of contract, etc. in conjunction with above described
project be received and placed on file. Ayes: Seven. Motion carried.
105519 - Jordan/Murphy
that "Resolution preliminarily approving specifications, form of contract, etc. in
conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-574.
105520 - Mollenhoff/Collier
that "Resolution setting date of hearing on specifications, etc. and taking of bids
as September 25, 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. 1995-575.
Travel Requests
105521 - Krizek/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Dean Fagerlind, Golf Course Coordinator, to attend the National Golf Course
Superintendents Association of America Annual Seminar and Equipment Show in
Orlando, Florida on February 7-11, 1996, with costs not to exceed $1,325.00.
2. Tim Powers, Fire Rescue Instructor, to teach awareness classes in Farmington and
Minneapolis, Minnesota on September 19 and 20, 1995, with costs not to exceed
$422.50.
3. Fire Rescue Instructor to teach awareness level class at Northwest Iowa Community
College in Sheldon, Iowa on September 23, 1995, with costs not to exceed $191.00.
4. Eight Fire Rescue Instructors to teach Technician Level Class at the Ames Fire
Department on September 11-15 and 18-22, 1995, with costs not to exceed
$2,650.00.
Ayes: Seven. Motion carried.
MISCELLANEOUS
105522 - Getty/Krizek
that the following beer and liquor license permit application be received, placed
on file and approved and endorsed application forwarded to the Iowa Beer and Liquor
Control Department and the following fireworks display application be received,
placed on file and approved:
1. Beer/Liquor License Permit Application
Class C
Huckleberry's Dining Emporium, 722 Water Street (Renewal) (Expires 9/7/96)
(Includes Sunday Sales)
Fireworks Display Application
Cedar Valley United Way 1995 Campaign at Young Arena on September 15, 1995
Ayes: Seven. Motion carried.
September 11, 1995
ORAL PRESENTATIONS
Page 7
105523 - Bruce Kaesser, 1730 Easton Ave, requested that the Mayor issue a proclamation naming
the month of October "Brain Injury Month". Mayor Rooff requested Mr. Kaesser
contact his office with the information needed for preparation of the proclamation.
Ernie Boykin, PO Box 1438, reported that the Lean Green project received a 1971
cargo van last year from John Deery Motors. Due to its age and use there is a need
for a newer model. John Deery has agreed to assist in the purchase of a newer van
but has challenged the students to raise funds for this purpose. The students have
scheduled a pancake breakfast this Saturday, September 16, to raise funds for the
purchase of a new van. Boykin invited the public to attend the breakfast and
support this effort.
Mollenhoff/Collier
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
ADJOURNMENT
105524 - Krizek/Jordan
that the Council adjourn at 8:12 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk