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HomeMy WebLinkAbout03/27/1995March 27, 1995 The Council of the City of Waterloo, Iowa, met in Regular Chambers, Waterloo, Iowa, at 4:00 p.m., on Monday, March 27, the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Session at City Hall Council 1995. Mayor John R. Rooff in Mollenhoff. Absent: Collier. Invocation by: Reverend Al Stewart, Immanuel Southern Baptist Church Pledge of Allegiance: Susan Fangman, City Clerk Recognition of Week: Aramark Uniform Services --John Mountain, Manager 104518 Mollenhoff/Murphy that the Agenda, as proposed, for the Regular Session on Monday, March 27, 1995, at 4:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 104519 - Jordan/Krizek that the Minutes, as proposed, for the Regular Session on Monday, March 20, 1995, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. UNFINISHED BUSINESS 104520 - Mollenhoff/Jordan that communication from Assistant City Engineer transmitting recommendation of award of contract to Aspro, Inc. & Subsidiaries of Waterloo, Iowa in the amount of $3,186,206.65 in conjunction with the F.Y. 1995 Street Reconstruction Program, Contract No. 473, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-177. PETITIONS FROM PUBLIC 104521 - Krizek/Murphy that communication from City Planner transmitting request of Winchester Farms, Inc. to vacate, sell and convey the platted street right-of-way known as Camelot Drive, north of San Marnan Drive and west of Flammang Drive for $11,655.90, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 17, 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: Collier. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 1995-178. 104522 - Murphy/Jordan that communication from Associate Engineer transmitting request from Aspro, Inc. for a variance to the Truck Embargo Ordinance, on Rainbow Drive from South Hackett Road to Greenhill Road, on Ridgeway Avenue from Fourth Street to Baltimore Street, on Ansborough Avenue from West Fourth Street to San Marnan Drive, on Fletcher Avenue from West Fourth Street to Sergeant Road, from March 28, 1995 to December 1, 1995 in conjunction with Street Reconstruction Program, Contract No. 461 and No. 473, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-179. 104523 - Jordan/Murphy that communication from Associate Engineer transmitting request from Aspro, Inc. for a variance to the Noise Ordinance effective March 28, 1995 to December 1, 1995 in conjunction with Street Reconstruction Program, Contract No. 461 and No. 473, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-180. 104524 - Krizek/Jordan that communication from City Clerk transmitting request of Black Conservation Board for an exception to burning of yard waste to established warm season grasses and foxtail on approximately 1 acre located at 3625 Shirey Way, be received, placed on file and approved. Absent: Collier. Motion carried. Hawk County burn newly of property Ayes: Six. March 27, 1995 Page 2 DOCUMENTS 104525 - Mollenhoff/Murphy that communication from Police Chief transmitting a grant application to the Governor's Alliance on Substance Abuse for funds in the amount of $277,405.35, with the City's cash match to be $37,799.15, in conjunction with the Multi -Jurisdiction Drug Task Force, together with recommendation of approval, be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-181. 104526 - Jordan/Murphy that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for Revitalizing Iowa's Sound Economy (RISE) funding in the amount of $148,541, with a local match of $99,027 to be provided by Tower Park Partnership in conjunction with Tower Park Drive Extension, Phase II, Contract No. 475, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-182. 104527 - Murphy/Jordan that communication from Mayor Rooff transmitting an agreement with Koll Real Estate Group for completion of the airport development study, be received, placed on file and "Resolution approving said agreement", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan requested that the contract amount be stated for the record. Mayor Rooff explained that the agreement provides for an airport development study which will include a master plan and feasibility plan. The total cost of the study is proposed to be $150,000, which will be paid in progress payments. City Attorney Jim Walsh stated that he reviewed the agreement and it has the recommendation of the Airport Commission. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-183. ORDINANCES TO BE ADOPTED 104528 - Jordan/Murphy 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 second time. Prior to a vote on the above motion, the following comments were heard. Councilperson Mollenhoff reported that Councilperson Collier expressed his support of the rezoning to each of the council members and placed an editorial in the paper explaining his support of the issue. Mayor Rooff asked if there were any members of the public present wishing to address the council regarding this matter. Louise Williams, 437 Gable Street, stated that she is against anyone trying to rezone property in this area for multiplex units. It is her feeling that multiplex units should be located on main streets able to handle the traffic flow. She stated that North Barclay Street already has heavy traffic and loud noise because of the heavy traffic. Ruth Scott, 433 Oliver Street, indicated her support of the new development by Mr. Stokes. She requested that the City look into helping clean up some unsightly houses in the area at the corner of North Barclay and Oliver Street. Mayor Rooff referred this complaint to Councilperson Getty for investigation with the Black Hawk County Health Department. March 27, 1995 Page 3 Ordinances to be Adopted - continued Charlene Montgomery, 1416 North Barclay Street, explained that she wasn't able to attend the hearing and she has some questions about the rezoning. She asked who would be responsible for management of the facility and the screening of residents. She also inquired what would happen if there were not enough elderly to fill the units and would Mr. Stokes be allowed to open the facility to other age groups? Nikita Ray, 1128 North Barclay Street, explained that management of the facility would be by W.C.Stokes Estates. Included in the management responsibilities would be tenant screening, maintenance inspections, snow removal and lawn care maintenance. Mayor Rooff informed Ms. Montgomery that the rezoning is for elderly tenants only and Mr. Stokes is unable to change the age group at any time. A copy of the Planning and Zoning requirements were provided to Ms. Montgomery for her review. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Absent: Collier. Motion carried. 104529 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Anders. Absent: Collier. Motion not carried. 104530 - Krizek/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa: by repealing Section 9-1 Building Codes Adopted, and Section 9-2, Amendments to Building Code, of Article I, In General, of Chapter 9, Buildings; and enacting in lieu thereof a new Section 9-1, Building Codes Adopted, and Section 9-2, Amendments to Building Code, of Article I, in General, of Chapter 9, Buildings; by repealing Section 9-18, Code Adopted, of Article II, Dangerous Buildings, of Chapter 9, Buildings; and enacting in lieu thereof a new Section 9-18, Code Adopted, of Article II, Dangerous Buildings, of Chapter 9, Buildings; and by adding Section 9- 19, Amendments to Dangerous Building Code, of Article II, Dangerous Buildings, of Chapter 9, Buildings (adoption of the 1994 Uniform Building Code, 1994 Uniform Code for Building Conservation, amendments to the Building Code, adoption of the 1994 Uniform Code of the Abatement of Dangerous Buildings and amendments to Dangerous Building Code)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Collier. Motion carried. 104531 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 104532 - Mollenhoff/Jordan 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. Absent: Collier. Motion carried. 104533 - Anders/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa: by repealing Section 9-1 Building Codes Adopted, and Section 9-2, Amendments to Building Code, of Article I, In General, of Chapter 9, Buildings; and enacting in lieu thereof a new Section 9-1, Building Codes Adopted, and Section 9-2, Amendments to Building Code, of Article I, in General, of Chapter 9, Buildings; by repealing Section 9-18, Code Adopted, of Article II, Dangerous Buildings, of Chapter 9, Buildings; and enacting in lieu thereof a new Section 9-18, Code Adopted, of Article II, Dangerous Buildings, of Chapter 9, Buildings; and by adding Section 9- 19, Amendments to Dangerous Building Code, of Article II, Dangerous Buildings, of Chapter 9, Buildings (adoption of the 1994 Uniform Building Code, 1994 Uniform Code for Building Conservation, amendments to the Building Code, adoption of the 1994 Uniform Code of the Abatement of Dangerous Buildings and amendments to Dangerous Building Code)", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4083. 104534 - Mollenhoff/Jordan that "an Ordinance amending the 1993 Code of Ordinance of the City of Waterloo, Iowa: by repealing Section 14-2 Uniform Fire Code Adopted, Section 14-3, Life Safety Code Adopted, and Section 14-4, Fire Prevention Code and Uniform Building Code Adopted, of Article I, In General, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-2, Uniform Fire Code Adopted, Section 14-3, Life Safety Code Adopted, and Section 14-4, Fire Prevention Code and Uniform Building Code Adopted, of Article I, In General, of Chapter 14, Fire Prevention and Protection (adoption of 1994 Uniform Fire Code, 1994 Life Safety Code, 1994 Fire Prevention Code and 1995 Uniform Building Code)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Collier. Motion carried. March 27, 1995 Page 4 Ordinances to be Adopted - continued 104535 - Krizek/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 104536 - Jordan/Mollenhoff 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. Absent: Collier. Motion carried. 104537 - Murphy/Jordan that "an Ordinance amending the 1993 Code of Ordinance of the City of Waterloo, Iowa: by repealing Section 14-2 Uniform Fire Code Adopted, Section 14-3, Life Safety Code Adopted, and Section 14-4, Fire Prevention Code and Uniform Building Code Adopted, of Article I, In General, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-2, Uniform Fire Code Adopted, Section 14-3, Life Safety Code Adopted, and Section 14-4, Fire Prevention Code and Uniform Building Code Adopted, of Article I, In General, of Chapter 14, Fire Prevention and Protection (adoption of 1994 Uniform Fire Code, 1994 Life Safety Code, 1994 Fire Prevention Code and 1995 Uniform Building Code)", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4084. BILLS PAYMENT 104538 Krizek that "Resolution approving Schedule A918, pp. 1-63, dated March 20, 1995, in the amount of $1,278,487.83, with deletion of PV #96198 in the amount of $1,343.25, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-184. NEW BUSINESS 104539 - Jordan/Murphy that communication from Recreation Director transmitting recommendation of appointment of Joel Schares to the position of Arena Coordinator, effective April 10, 1995, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. Travel Requests 104540 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dave Van Dee, Assistant City Planner, to attend Effective Zoning Administration Techniques Seminar in Madison, Wisconsin on May 1-3, 1995, with costs not to exceed $520.00, including the use of city vehicle. 2. Greg Maifield, Police Department Systems Manager, to attend IQ Computer Training Seminar in Urbandale, Iowa on March 29-30, 1995, with costs not to exceed $310.00. 3. Richard Grimm, Superintendent of Streets/Sanitation, to attend APWA Mid America Conference & Exhibit in Kansas City, Missouri on April 19-20, 1995, with costs not to exceed $106.00. 4. Cammie Scully, Kae Lind, Bonnie Winninger, Maureen Newbill, Vicki Collum, and Curator for educational trip to Chicago, Illinois on May 12-14, 1995, with costs not to exceed $173.34 each, including the use of city vehicle. 5. Steve Bagenstos, Police Officer, to attend Crime Scene Photography School in Miami, Florida on April 10-14, 1995, with costs not to exceed $895.00. 6. Randall Chapman, Police Officer, to attend Exceptional Service in Policing and Problem Oriented Policing Seminar in Evanston, Illinois on April 10-14, 1995, with costs not to exceed $1,120.00, including the use of city vehicle. Ayes: Six. Absent: Collier. Motion carried. MISCELLANEOUS 104541 - 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;. '� March 27, 1995 Page 5 Miscellaneous - continued 1. Beer License Permit Class C Petro -N -Provisions, Sales) 2. Beer/Liquor License Class C Golden China, 2046 E. Sales) Porkey's Red Carpet, Sunday Sales) Wild E. Coyotes, 3295 University Avenue (Renewal) Application 1807 LaPorte Road (Renewal) (Expires 4/8/96) (Includes Sunday Permit Application Ridgeway Avenue (Renewal) (Expires 5/4/96) (Includes Sunday 1409 Newell Street (Renewal) (Expires 4/4/96) (Includes (Expires 4/5/96) Ayes: Six. Absent: Collier. Motion carried. BONDS 104542 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through March 27, 1995 be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Collier. Motion carried. ORAL PRESENTATIONS 104543 - Street Superintendent Dick Grimm invited the Mayor, Council and the general public to inspect the garbage containers on display in the lobby of City hall. These are samples of the containers that would be needed to operate an automated garbage system. Mollenhoff/Murphy that the above oral comments be received and placed on file. Collier. Motion carried. ADJOURNMENT 104544 - Murphy/Krizek that the Council adjourn carried. Ayes: Six. Absent: at 4:35 p.m. Ayes: Six. Absent: Collier. Motion Susan Fangman City Clerk