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