HomeMy WebLinkAbout07/17/95July 17, 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, July 17, 1995. Mayor John R. Rooff in the
Chair. Roll Call: Anders, Jordan, Murphy, Getty, Collier, Mollenhoff. Absent: Krizek.
Invocation by: Reverend Les Borsay, Central Christian Church
Pledge of Allegiance: Councilperson Joe Collier
Recognition of Week: Crandall Construction, Jim & Carol Crandall
105146 - Mollenhoff/Murphy
that the Agenda, as proposed, for the Regular Session on Monday, July 17, 1995, at
7:00 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried.
105147 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, July 10, 1995, be
accepted and approved. Ayes: Six. Absent: Krizek. Motion carried.
HEARINGS
105148 - Mollenhoff/Collier
that proof of publication of notice of public hearing on request of Robert W. and
Ellen M. Diederichs-Faig to vacate, sell and convey a portion of the east -west alley
generally located between 1208 and 1216 Logan Avenue for $707.20, as published in
the Waterloo Courier on June 30, 1995, be received and placed on file. Ayes: Six.
Absent: Krizek. Motion carried.
105149 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Councilperson Anders questioned the vacation of this section of alley because of the
alley which enters off of West Parker Street in this block. City Planner Don
Temeyer stated that there is no easement for an alley off of West Parker but that
Planning staff would investigate the matter before the next meeting.
Jordan/Murphy
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105150 - Mollenhoff/Collier
that "an Ordinance vacating a portion of the east -west alley generally located
between 1208 and 1216 Logan Avenue", be received, placed on file, considered and
passed for the first time. Ayes: Six. Absent: Krizek. Motion carried.
105151 - Mollenhoff/Jordan
that proof of publication of notice of public hearing on request of Chuck Heene
Construction, Inc. to vacate, sell and convey the east end of the alley generally
located between Jefferson Street and vacated Bluff Street, easterly of W. Fifteenth
Street for $174.00, as published in the Waterloo Courier on June 30, 1995, be
received and placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105152 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objection and there were none.
Mollenhoff/Collier
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105153 - Jordan/Murphy
that "an Ordinance vacating the east end of the alley generally located between
Jefferson Street and vacated Bluff Street, easterly of W. Fifteenth Street", be
received, placed on file, considered and passed for the first time. Ayes: Six.
Absent: Krizek. Motion carried.
105154 - Mollenhoff/Jordan
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried.
105155 - 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: Six.
Absent: Krizek. Motion carried.
July 17, 1995 Page 2
Hearings - continued
105156 - Murphy/Jordan
that "an Ordinance vacating the east end of the alley generally located between
Jefferson Street and vacated Bluff Street, easterly of W. Fifteenth Street", be
adopted. Ayes: Six. Absent: Krizek.
Ordinance adopted and upon approval by Mayor assigned No. 4109.
105157 - Mollenhoff/Collier
that "Resolution authorizing sale and conveyance of the east end of the alley
generally located between Jefferson Street and vacated Bluff Street, easterly of W.
Fifteenth Street to Chuck Heene Construction, Inc. for $174.00, plus costs", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-433.
105158 - Jordan/Murphy
that proof of publication of notice of public hearing on request of Schenk
Engineering on behalf of Allen Memorial Hospital for an "R -4,R -P" Planned
Residential District site plan amendment for property formerly known as the Guernsey
Farm site, generally located south of U.S. 20 and east of Hammond Avenue to develop
for a mix of residential uses and densities, as published in the Waterloo Courier
on June 30, 1995, be received and placed on file. Ayes: Six. Absent: Krizek.
Motion carried.
105159 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Murphy/Collier
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105160 - Jordan/Collier
that "Resolution authorizing an "R -4,R -P" Planned Residential District site plan
amendment for property formerly known as the Guernsey Farm site, generally located
south of U.S. 20 and east of Hammond Avenue to develop for a mix of residential uses
and densities", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-434.
105161 - Collier/Jordan
that proof of publication of notice of public hearing on request of Randy Nyman to
reduce a portion of the 30 foot platted building line generally located along the
northerly side of Meadow Lane to 25 feet to allow an addition to the residence to
occupy a portion of the building setback, as published in the Waterloo Courier on
June 30, 1995, be received and placed on file. Ayes: Six. Absent: Krizek.
Motion carried.
105162 - 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 and oral and written comments be received and
placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105163 - Getty/Murphy
that "an Ordinance reducing a portion of the 30 foot platted building line generally
located along the northerly side of Meadow Lane to 25 feet", be received, placed on
file, considered and passed for the first time. Ayes: Six. Absent: Krizek.
Motion carried.
105164 - Mollenhoff/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried.
105165 - Collier/Jordan
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.
Absent: Krizek. Motion carried.
July 17, 1995 Page 3
Hearings - continued
105166 - Murphy/Collier
that "an Ordinance reducing a portion of the 30 foot platted building line generally
located along the northerly side of Meadow Lane to 25 feet", be adopted. Ayes:
Six. Absent: Krizek.
Ordinance adopted and upon approval by Mayor assigned No. 4110.
UNFINISHED BUSINESS
105167 - Jordan/Murphy
that communication from City Engineer transmitting recommendation of award of
contract in the amount of $31,053.00 to Sta-Bilt Construction Company of Harlan,
Iowa in conjunction with F.Y. 1995 Cedar Terrace Area Seal Coat Program, Contract
No. 495, be received, placed on file and "Resolution approving award of said
contract", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-435.
PETITIONS FROM PUBLIC
105168 Mollenhoff/Murphy
that communication from City Engineer transmitting request from James McMahon for
a waiver for a concrete driveway to be located at 101 Woodstock Road, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-436.
105169 - Mollenhoff/Murphy
that communication from City Engineer transmitting request from Dan Fencl for a
waiver for a concrete driveway to be located at 1215 Dundee Ave, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-437.
105170 - Mollenhoff/Murphy
that communication from City Engineer transmitting request from John Jakobsen for
a waiver for a concrete driveway to be located at 1111 Upton Avenue, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-438.
105171 - Murphy/Jordan
that request of UpDownTowners to close Water Street from East Fourth Street to East
Fifth Street, Cedar Street from West Fourth Street to West Fifth Street and Fourth
Street from Sycamore Street across the bridge to Jefferson Street from 5:00 p.m. to
11:00 p.m. in conjunction with UpDownTown Saturday Night event to be held on August
26, 1995, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-439.
105172 - Mollenhoff/Jordan
that communication from City Planner transmitting request of Timothy Klemz to vacate
the sidewalk adjacent to his property at 230 Blowers, together with recommendation
of approval, be received, placed on file and "Resolution setting date of hearing as
July 31, 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:
Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-440.
105173 - Jordan/Collier
that communication from City Planner transmitting request of Larry Bedard to vacate
the northerly 100 feet of sidewalk adjacent to his property at 710 Linden Avenue,
together with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing as
July 31, 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:
Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-441.
July 17, 1995
Petitions from Public - continued
105174 - Mollenhoff/Murphy
Page 4
that communication from City Planner transmitting request of Richard Fox and Judith
Henkel -Fox to rezone from "A-1" Agricultural District to "C-2" Commercial District
to develop site as a recreation vehicle sales lot property located approximately 350
feet north of E. Big Rock Road and U.S. Highway 63 North, together with the
recommendation of approval of the Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as August 7, 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: Six. Absent:
Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-442.
105175 - Anders/Jordan
that communication from City Planner transmitting request of Diane Harn to rezone
from "R-2" One and Two Family Residential District to "C -Z" Conditional Zoning
property located at 545 W. Parker Street to continue operation of a one chair beauty
shop, together with the recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as August 7, 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: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-443.
105176 - Mollenhoff/Collier
that communication from City Planner transmitting request of the Friends of Faith,
Inc. to vacate, sell and convey a portion of the street right-of-way on the north
side of E. San Marnan frontage road between Southbrook Drive and W. Ninth Street for
$19,422.70 together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as August 7, 1995 at 7:00 p.m. in the City Hall Council Chambers on the
above described requests", be adopted and City Clerk instructed to publish notice
of same. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-444.
105177 - Jordan/Murphy
that communication from City Planner transmitting request of Gary Eilers for a "C-1"
Commercial District/"C-Z" Conditional Zoning site plan amendment for property
located at the northwest corner of vacated Litchfield Avenue and Columbia Street,
together with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing as
August 7, 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:
Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-445.
DOCUMENTS
105178 - Anders/Jordan
that communication from Airport Director transmitting an amendment to lease
agreement with Midway Development Corporation for property located at 2790 Airport
Boulevard to extend option deadline to September 30, 1995, together with
recommendation of approval of the Waterloo Airport Commission, be received, placed
on file and "Resolution approving said addendum", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-446.
105179 - Jordan/Mollenhoff
that communication from City Engineer transmitting Contracts, Bonds and Certificates
of Insurance in the amount of $31,053.00 from Sta-Bilt Construction Company of
Harlan, Iowa in conjunction with F.Y. 1995 Cedar Terrace Area Seal Coat Program,
Contract No. 495, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes:
Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-447.
105180 - Murphy/Jordan
that communication from City Planner transmitting Preliminary Plat of Guernsey Park,
together with recommendation of approval of Planning, Programming and Zoning
Commission and deed of dedication, be received, placed on file and "Resolution
approving said preliminary plat", be adopted. Ayes: Six. Absent: Krizek.
Resolution adopter"'`uid upon approval by Mayor assic'd No. 1995-448.
July 17, 1995
RESOLUTIONS TO BE ADOPTED
105181 Mollenhoff/Collier
Page 5
that communication from City Planner transmitting a request to transfer the Quit
Claim Deed for 902 Logan Avenue (Dunsmore House) to the Waterloo Art Association for
use as a community art gallery and office area, together with recommendation of
approval of the Community Development Board, be received, placed on file and
"Resolution setting date of hearing for August 14, 1995 at 7:00 p.m. in the City
Hall Council Chambers on the above described property", be adopted and City Clerk
instructed to publish notice of same. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-449.
105182 - Anders/Murphy
that communication from City Planner transmitting award of Federal FY 95 Community
Development Block Grant Funds in the amount of $1,837,000 and $478,000 for the Home
Program along with funding agreements, be received, placed on file and "Resolution
authorizing the Mayor to execute the Housing and Community Development Block Grant
contracts No. B -95 -MC -19-0008 and M -95 -MC -19-0206 between the City of Waterloo and
the U.S. Department of Housing and Urban Development", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-450.
105183 - Murphy/Jordan
that communication from Chief Building Official transmitting a new permit fee
schedule based upon the valuation of proposed construction along with recommendation
of approval of the General Contractors Board, be received, placed on file and
"Resolution approving said permit fee scheduled", be adopted. Ayes: Six. Absent:
Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-451.
105184 - Anders/Murphy
that "Resolution approving acquisition contract payment in the amount of $62,500.00
for Parcel No. 25 (Heather Waterman) with estimated relocation costs of $19,366.00
and accepting the deed in conjunction with Sherwood Park Voluntary Acquisition,
Phase II", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Collier asked for an explanation on the difference in the estimated
relocation costs of $12,000.00 and the actual relocation costs as stated at
$19,366.00. City Planner Don Temeyer explained that the initial number were just
estimates and that these final figures all qualify under the Federal Relocation Act
guidelines.
Following comments a vote was taken on the above motion with the following result.
Ayes: Four. Nays: Jordan, Collier. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-452.
ORDINANCES TO BE ADOPTED
105185 - Jordan/Anders
that "an Ordinance amending the 1991 Traffic Code by adding Subsections (16a) Butler
Avenue and (66a) Janney Ave, to Section 543, Thru Streets (installation of stop sign
on Wallgate and Block Streets)", be received, placed on file, considered and passed
for the first time. Ayes: Six. Absent: Krizek. Motion carried.
105186 - Mollenhoff/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried.
105187 - 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: Six.
Absent: Krizek. Motion carried.
105188 - Collier/Jordan
that "an Ordinance amending the 1991 Traffic Code by adding Subsections (16a) Butler
Avenue and (66a) Janney Ave, to Section 543, Thru Streets (installation of stop sign
on Wallgate and Block Streets)", be adopted. Ayes: Six. Absent: Krizek.
Ordinance adopted and upon approval by Mayor assigned No. 4111.
July 17, 1995
BILLS PAYMENT
105189 - Mollenhoff
Page 6
that "Resolution approving Schedule AP640, pp. 1-59, dated July 17, 1995, in the
amount of $1,391,052.17, a copy of which is on file in the City Clerk's office", be
adopted. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-453.
NEW BUSINESS
105190 - Anders/Jordan
that communication from Water Pollution Control Superintendent transmitting
recommendation of appointment of Dan Youngblood to the position of Instrumentation
Control Foreman effective July 18, 1995, be received, placed on file and approved.
Ayes: Six. Absent: Krizek. Motion carried.
105191 - Mollenhoff/Murphy
that communication from Water Pollution Control Superintendent transmitting
recommendation of appointment of Robert Kisner to the position of Instrumentation
Control Technician effective July 18, 1995, be received, placed on file and
approved. Ayes: Six. Absent: Krizek. Motion carried.
105192 - Jordan/Murphy
that communication from Chief Building Official transmitting recommendation of
appointment of Robert Ball to the position of Combination Inspector effective July
18, 1995, be received, placed on file and approved. Ayes: Six. Absent: Krizek.
Motion carried.
105193 - Mollenhoff/Collier
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
in conjunction with F.Y. 1995 Sidewalk Repair Assessment Program - Zone 7, Contract
No. 489, be received, placed on file and approved. Ayes: Six. Absent: Krizek.
Motion carried.
105194 - Jordan/Collier
that plans, specifications, form of contract, etc. in conjunction with F.Y. 1995
Sidewalk Repair Assessment Program - Zone 7, Contract No. 489, be received and
placed on file. Ayes: Six. Absent: Krizek. Motion carried.
105195 - Murphy/Collier
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with the above described project", be adopted. Ayes: Six.
Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-454.
105196 - Mollenhoff/Collier
that "Resolution setting date of hearing on plans, specifications, etc. and taking
of bids as August 21, 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
same. Ayes: Six. Absent: Krizek.
Resolution adopted and upon approval by Mayor assigned No. 1995-455.
Travel Requests
105197 - Murphy/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Ernest Clark, Crime Lab Officer, to attend Marijuana Identification School in Des
Moines, Iowa on August 14-18, 1995 with costs not to exceed $175.00.
2. Steve Bagenstos, Police Officer, to attend Advanced Applications of Surveillance
Equipment Course in Springfield, Missouri on October 23-27, 1995 with costs not
to exceed $510.00.
Ayes: Six. Absent: Krizek. Motion carried.
MISCELLANEOUS
105198 - Getty/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:
ti
July 17, 1995 Page 7
Miscellaneous - continued
1. Beer License Permit Application
Class C
Kwik Trip #732, 324 Fletcher St (Renewal)(Expires 7/21/96)(Includes Sunday Sales)
Dell Oil Ltd, 90 W. 18th St (Renewal)(Expires 7/31/96)(Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
Vic's Lounge, 1106 LaPorte Rd (Renewal)(Expires 7/16/96)
B.J.'s Bar and Billiards, 110 Ida Street (Renewal)(Expires 7/30/96)(Includes
Sunday Sales)
Loading Dock, 1435 Sycamore St (Renewal)(Expires 7/18/96)
Ayes: Six. Absent: Krizek. Motion carried.
BONDS
105199 - Mollenhoff/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through July 17, 1995, be received, placed on file and report and bonds be approved.
Ayes: Six. Absent: Krizek. Motion carried.
ORAL PRESENTATIONS
105200 - Councilperson Getty reminded the public of the 150th Birthday Party celebration
scheduled for Tuesday, July 18th, at Cedar River Park. The public is invited to
participate in events including the Mayor milking goats, old fashioned games and the
finale at a free Waterloo Bucks baseball game that night.
Getty/Collier
that the above oral comments be received and placed on file. Ayes: Six. Absent:
Krizek. Motion carried.
ADJOURNMENT
105201 - Jordan/Anders
that the Council adjourn at 7:45 p.m. Ayes: Six. Absent: Krizek. Motion
carried.
Susan Fangman
City Clerk