HomeMy WebLinkAbout04/03/1995April 3, 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, April 3, 1995. Mayor John R. Rooff in the
Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff.
Invocation by: Councilperson Frank Mollenhoff
Pledge of Allegiance: Cub Scout Pack #564 --Brad Becker,
Clint Oberhauser, Matt Apel, and Mike Oberhauser, Leader.
Recognition of Week: Doolen Screen Print & Design, Inc.,
104545 - Anders/Krizek
Travis Bruskern, Todd Stanhope,
Hal and Shirley Doolen
that the Agenda, as amended, for the Regular Session on Monday, April 3, 1995, at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
104546 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, March 27, 1995 at
4:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff performed swearing-in of Police Officers Michael Dobsen and Malissa
Ludwig.
Mayor Rooff read a Proclamation declaring the week of April 2-8, 1995 as National
Blue Ribbon Week.
Presentation of flag from First Wesleyan Church to Mayor Rooff and Council.
HEARINGS AND BIDS
104547 - Krizek/Jordan
that proof of publication of notice of public hearing on plans, specifications, form
of contract, etc. and taking of bids for the F.Y. 1995 Concrete and Structure
Program, Contract No. 476, as published in the Waterloo Courier on March 22, 1995,
be received and placed on file. Ayes: Seven. Motion carried.
104548 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Mollenhoff/Murphy
that the hearing be closed. Ayes: Seven. Motion carried.
104549 - Jordan/Collier
that "Resolution confirming the approval of plans, specifications, form of contract,
etc. in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No.
104550 - Murphy/Jordan
that "Resolution ordering construction on the above said
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No.
104551 - Krizek/Collier
1995-185.
project", be adopted.
1995-186.
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review (award of contract was delayed):
Bidder
Bid Bond Bid Amount
B & B Builders, Waterloo, IA 5%
Cedar Falls Const. Co., Inc., Cedar Falls, IA 5%
Cedar Valley Corp., Waterloo, IA 5t
Rampart Corp., Waterloo, IA 5%
Ayes: Seven. Motion carried.
HEARINGS
104552 - Krizek/Jordan
$349,975.25
$363,338.05
$348,445.30
$360,755.75
that the request of the Church of the Open Bible to sell and convey the triangular
shaped city -owned property generally located at the northeasterly corner of West 7th
Street and Bluff Street, as published in the Waterloo Courier on March 17, 1995, be
received and placed on file. Ayes: Seven. Motion carried.
April 3, 1995 Page 2
Hearings - continued
104553 - HOLD HEARING --The being the time and place of public hearing, the Mayor called for
oral and written objections and there were none
Pastor Van Den Berg, from the First Church of the Open Bible, expressed his
appreciation of the opportunity for the Church to acquire this lot. The Church has
expanded and will be improving the parking lot. The lot being purchased is intended
to be landscaped because it is close to the highway and is considered by many to be
the front of the Church.
Mollenhoff/Jordan
that the hearing be closed and oral and written comments be received and placed on
file. Ayes: Seven. Motion carried.
104554 - Murphy/Jordan
that "Resolution authorizing sale and conveyance of said property", be adopted and
City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-187.
UNFINISHED BUSINESS
104555 - Murphy/Jordan
that communication from Superintendent of Parks transmitting recommendation of award
of contract to Professional Lawn Care of Waterloo, Iowa in the amount of $28.75 per
acre in conjunction with the 1995 Right -of -Way Mowing, be received, placed on file
and "Resolution approving said award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-188.
PETITIONS FROM PUBLIC
104556 - Krizek/Mollenhoff
that communication from Associate Engineer transmitting request from Vicki Brown for
a parking permit to place a concrete surface on city right of way along an
unimproved street for the purpose of parking for a photography and studio business
located at 1744 Falls Avenue, together with recommendation of approval, be received,
placed on file and approved. Ayes: Seven. Motion carried.
104557 - Anders/Mollenhoff
that communication from City Engineer transmitting request from Vicki Brown for a
waiver to place a concrete surface on city right of way along an unimproved street
for the purpose of parking for a photography and studio business located at 1744
Falls 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. 1995-189.
104558 - Jordan/Murphy
that communication from City Clerk transmitting request of John Deere Waterloo Works
(Northeast Site) for an exception to burning of yard waste to burn approximately
10.5 acres of prairie grass on property located at 3500 East Donald Street, together
with recommendation of approval of the Streets, Parks and Fire Departments, be
received, placed on file and approved. Ayes: Seven. Motion carried.
104559 - Getty/Jordan
that communication from City Clerk transmitting request of Young Plumbing and
Heating for an exception to burning of yard waste to burn prairie grass and woody
vegetation on property generally located in Kingswood Addition, together with
recommendation of denial of Parks and Fire Departments, be received, placed on file
and request be denied.
Prior to a vote on the above motion, the following discussion was heard.
Paul Huting, Parks Superintendent, detailed the findings of his inspection of this
area stating that it does not contain prairie grass species but rather growth
appropriate for water way management. Therefore it does not qualify for an
exception to burning of yard waste. Frank Magsamen, Fire Chief, stated that there
are several factors which influenced their recommendation of denial. There are
residences in close proximity to this area without an adequate firebreak. Adjacent
farm land and high grass areas would also contribute hazards to an open burning.
Gary Rankin, 1165 Dixon Drive, informed that Mayor and Council that this request is
a result of discussion during a Planning Commission meeting about rezoning the area
to an "R-4" zone. There are concerns about the effectiveness of water drainage due
to the amount of vegetation and trees that are inhibiting the water flow. It was
suggested that the most efficient way to clean up the area would be by burning
because mowing will be difficult with the number of .„flees involved.
April 3, 1995 Page 3
Petitions from Public - continued
Councilperson Mollenhoff asked for input from staff on alternative ways to manage
the vegetation. Paul Huting, Parks Superintendent, stated that he had discussed the
problem with a group and suggested that large equipment such as an endloader and
chain saws would be needed to adequately do the job.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven. Motion carried.
DOCUMENTS
104560 - Jordan/Collier
that communication from Assistant City Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $3,186,206.65 from Aspro, Inc. &
Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 1995 Street Reconstruction
Program, Contract No. 473. 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. 1995-190.
104561 - Mollenhoff/Collier
that communication from Housing Director transmitting Change Order No. 1 for a net
increase of $1,489.95 for five new ranges and range hoods in conjunction with Public
Housing Comprehensive Improvement Assistance Program (CIAP) at Ridgeway Towers, 225
W. Ridgeway Avenue, be received, placed on file and approved and Mayor authorized
to execute same. Ayes: Seven. Motion carried.
RESOLUTIONS TO BE ADOPTED
104562 - Krizek/Jordan
that "Resolution approving Operating Budget for FYE 6-30-96 for Senior Citizen
Public Housing Apartments at Ridgeway Towers Apartments and 10 Family Self -
Sufficiency Family Houses", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-191.
104563 - Getty/Murphy
that "Resolution approving Operating Budget Revision No. 1 for FYE 6-30-95 for
Ridgeway Towers Apartments and 10 Family Self -Sufficiency Family Houses for kitchen
and bath vinyl floor coverings in all the apartments, garbage disposals and a
portion of the expense to add central air to the family houses", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-192.
104564 - Krizek/Anders
that "Resolution transferring from the Sixth Street Project Account the sum of
$1,993.54 to the Sign and Traffic Department budget", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-193.
104565 - Anders/Murphy
that "Resolution approving acquisition contract payment in the amount of $9,500.00
for Parcel No. 4 (Deborah Rand) and Parcel No. 34 (Helen Davis) in the amount of
$16,000.00, with estimated relocation costs of $21,470.00, and accepting the deeds
in conjunction with Sherwood Park Voluntary Acquisition, Phase I and II", be
adopted. Ayes: Six. Nays: Jordan
Resolution adopted and upon approval by Mayor assigned No. 1995-194.
ORDINANCES TO BE ADOPTED
104566 - Krizek/Collier
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance,
by adding Subsection No. 287 to Section 2A-5, Rezoning Certain Property (request of
W. C. Stokes to rezone from "R-2" One and Two Family Residence District to "R -4,R -P"
Planned Multiple Family Residence District property generally located on the north
end of Peek Street between North Barclay Street and Hewitt Street to construct an
elderly apartment complex", be received, placed on file, considered and passed for
the third time. Ayes: Seven. Motion carried.
April 3, 1995
Ordinances to be Adopted - continued
104567 - Collier/Mollenhoff
Page 4
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance,
by adding Subsection No. 287 to Section 2A-5, Rezoning Certain Property (request of
W. C. Stokes to rezone from "R-2" One and Two Family Residence District to "R -4,R -P"
Planned Multiple Family Residence District property generally located on the north
end of Peek Street between North Barclay Street and Hewitt Street to construct an
elderly apartment complex", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4085.
104568 - Krizek/Collier
that "an Ordinance imposing a tax within the City of Waterloo, Iowa, of one percent
(1%) upon local sales and services to be effective April 1, 1996, and ending on
March 31, 2001, and providing that the revenue shall be derived and allocated in
accordance with Chapter 422B of the 1993 Code of Iowa, as amended", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
104569 - Murphy/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
104570 - Murphy/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: Seven.
Motion carried.
104571 - Krizek/Collier
that "an Ordinance imposing a tax within the City of Waterloo, Iowa, of one percent
(1%) upon local sales and services to be effective April 1, 1996, and ending on
March 31, 2001, and providing that the revenue shall be derived and allocated in
accordance with Chapter 422B of the 1993 Code of Iowa, as amended", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4086.
104572 - Jordan/Murphy
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Subsection (d) of Section 3-32, Sign Painters and Erectors;
Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms
and Conditions of Bond, of Chapter 3, Advertising and Signs; and enacting in lieu
thereof a new Subsection (d) of Section 3-32, Sign Painters and Erectors; Licenses
Required; Exception; License Fees; Insurance Required, of Chapter 3, Advertising and
Signs (requiring certificate of insurance)", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
104573 - Anders/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
104574 - 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.
104575 - Jordan/Krizek
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Subsection (d) of Section 3-32, Sign Painters and Erectors;
Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms
and Conditions of Bond, of Chapter 3, Advertising and Signs; and enacting in lieu
thereof a new Subsection (d) of Section 3-32, Sign Painters and Erectors; Licenses
Required; Exception; License Fees; Insurance Required, of Chapter 3, Advertising and
Signs (requiring certificate of insurance)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4087.
104576 - Getty/Jordan
that "an Ordinance amending the 1991 Traffic Code by: removing parking on the south
and east side of King Drive from San Marnan access road to St. Francis Drive;
removing parking on the south and east side of Southbrooke Drive from San Marnan
Drive to W. 9th Street; installing a "No Parking Here to Corner" on King Drive on
the west side in a northerly direction from San Marnan access road", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
A \
April 3, 1995
BILLS PAYMENT
104577 - Krizek
Page 5
that "Resolution approving Schedule A918, pp. 1-75, dated April 3, 1995, in the
amount of $1,857,996.85, a copy of which is on file in the City Clerk's office", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-195.
NEW BUSINESS
104578 - Murphy/Collier
that communication from Mayor Rooff transmitting recommendation of appointment of
Bernie Moine and Henry Bevel to the Board of Adjustment, with term expiration date
of December 8, 1999, be received, placed on file and approved. Ayes: Seven.
Motion carried.
104579 - Anders/Jordan
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for the F.Y. 1995 East Park Avenue Ramp Expansion, Contract No. 467, be received,
placed on file and approved. Ayes: Seven. Motion carried.
104580 - Jordan/Murphy
that plans, specifications, form of contract, etc. for the F.Y. 1995 East Park
Avenue Ramp Expansion, Contract No. 467, be received and placed on file. Ayes:
Seven. Motion carried.
104581 - Murphy/Collier
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with the above project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-196.
104582 - Collier/Krizek
that "Resolution setting date of hearing on plans, specifications, etc.and taking
of bids as April 24, 1995 at 7:00 p.m. in the City Hall Council Chambers on the
above project", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-197.
104583 - Krizek/Collier
to instruct Superintendent of Traffic Operations to prepare plans, specifications,
form of contract, etc. for the Installation of Traffic Signals at the Intersection
of Kimball Avenue and Brookeridge Drive be received, placed on file and approved.
Ayes: Seven. Motion carried.
104584 - Murphy/Krizek
that plans, specifications, form of contract, etc. for the Installation of Traffic
Signals at the Intersection of Kimball Avenue and Brookeridge Drive, be received and
placed on file. Ayes: Seven. Motion carried.
104585 - Jordan/Murphy
that "Resolution preliminarily approving plans, specifications, etc. for the above
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-198.
104586 - Mollenhoff/Krizek
that "Resolution setting date of hearing on plans, specifications, etc. and taking
of bids as April 24, 1995 at 7:00 p.m. in the City Hall Council Chambers on the
above project", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-199.
104587 - Collier/Mollenhoff
that communication from Superintendent of Traffic Operations transmitting
recommendation to install a street light in the 400 block of Wendall Court, be
received, placed on file and "Resolution approving said installation of street
light", be adopted and City Clerk instructed to notify Midwest Power of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-200.
April 3, 1995 Page 6
Travel Requests
104588 - Krizek/Murphy
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Deborah Collett, Executive Director, to attend North Central Regional NAHRO 1995
Annual Conference in Omaha, Nebraska on May 20-23, 1995, with costs not to exceed
$324.50, including the use of city vehicle.
2. Bruce Arends, Police Sergeant, to attend Physical Match Workshop in Des Moines,
Iowa on May 2-3, 1995, with costs not to exceed $160.00, including the use of
city vehicle.
3. Bob Stevenson, Administrative Director, to attend Iowa Municipal Finance Officers
Association 56th annual meeting in Des Moines, Iowa on April 19-21, 1995, with
costs not to exceed $254.00.
Ayes: Seven. Motion carried.
MISCELLANEOUS
104589 - Mollenhoff/Jordan
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 applications for fireworks display, application to operate
amusement/carnival rides and an application for going out of business sale be
received, placed on file and approved:
1. Beer License Permit Application
Class C
Holiday Stationstore #52, 3260 University Avenue (Renewal) (Expires 5/14/96)
(Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class A
Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/14/96) (Includes
Sunday Sales)
3. Beer License Permit Application
Class B
Waterloo Riverfront Stadium, 850 Park Road (New) (Seasonal --4/3/95 - 10/2/95)
(Includes Sunday Sales)
Application for Fireworks Display
Hawkeye Community College, 1501 E. Orange Road --May 4, 1995
Waterloo Community Schools --April 18, 1995
Application to Operate Amusement/Carnival Rides
National Cattle Congress Exposition --April 6-8, 1995
Application for Going Out of Business Sale
Kimball Ridge Grocery, Inc., 2206 Kimball Avenue (60 days --6/3/95)
Ayes: Seven. Motion carried.
BONDS
104590 - Mollenhoff/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through April 3, 1995, be received, placed on file and report and bonds be approved.
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
104591 - Richard Gleason, 420 Oaklawn, reported that he owned rental property at 508 East
Seventh Street across from the burned buildings by Expo School. Mr. Gleason asked
for an update on the clean up process for this site. James Walsh, City Attorney,
informed Mr. Gleason that the property owner has been ordered to complete demolition
and clean up within thirty days. The property owner has offered to deed this
property over to the City; however, no formal papers have been developed. Louis
Cutwright, Building Official, reported that the property owner had started to remove
rubble from the site on Saturday but hasn't found an approved rubble site to deposit
the rubble into so a stop work order was placed on the buildings until a rubble site
is located.
Larry Lavenz, 411 Vinton, stated his concern with the demolition of the site and
asked for a review of the historical value of the site. The loss of the Rath
smokestacks resulted in a significant loss to the history of Waterloo. Mr. Lavenz
spoke to the property owner, Mr. Sarin, and obtained a copy of a plan to use the
site as a park, with the chimney from the building to be saved and converted into
a clock tower. Mr. Lavenz stated his support of this idea which would provide
additional parks to this area.
April 3, 1995 Page 7
Oral Presentations - continued
Mayor Rooff thanked Goodwill Industries for their help in providing an agenda to Mr.
Jim Glaza in braille, so that he could follow along with the meeting.
Dick Grimm, Street Superintendent, informed the Mayor and Council that Des Moines
had released information about the health of their snow budget this year and he
would like to report that Waterloo's snow budget should also recognize approximately
$160,000 in savings.
Councilperson Krizek encouraged all citizens to purchase blue ribbon pins and to
wear them this week in support of the fight against child abuse.
Krizek/Jordan
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
ADJOURNMENT
104592 - Getty/Collier
that the Council adjourn at 8:03 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk