HomeMy WebLinkAbout09/06/94{
September 6, 1994
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 Tuesday, September 6, 1994. Mayor John R. Rooff
in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Father Robert Hilmer, Associate Pastor at St. Mary's Catholic Church
Pledge of Allegiance: Girl Scout Troop #346, Deb Topinka, Leader
Mayor Rooff introduced Walter Reed as the new Human Rights Director
Recognition of Week: Harley-Davidson Cycle Center, Elaine Bruns, President
103478 - Anders/Mollenhoff
that the Agenda, as amended, for the Regular Session on Tuesday, September 6, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103479 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, August 22, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
HEARINGS AND BIDS
103480 - Mollenhoff/Murphy
that proof of publication of notice of public hearing on plans, specifications, form
of contract, etc. and taking of bids for the South Riverside Trail, Contract No.
454, as published in the Waterloo Courier on August 17, 1994, be received and placed
on file. Ayes: Seven. Motion carried.
103481 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. Ayes: Seven. Motion carried.
103482 Krizek/Anders
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. 1994-423.
103483 - Getty/Jordan
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-424.
103484 - Jordan/Collier
to receive, file and instruct City Clerk to open and read bids and refer to City
Planner for review and recommendation (award of contract delayed):
Base Base Base
Bid Bid + Bid + Bid +
Bidder Bond Base Bid Alt.A Alt. B Alt. C
Aspro, Inc. & Subsidiaries, Waterloo, IA 5% 107,635.00 344,255.00 297,355.00 No Bid
Peterson Contractors, Inc., Reinbeck, IA 5% 98,455.00 No Bid No Bid 350,267.50
Rampart Corporation, Waterloo, IA 5% 80,331.40 No Bid 199,033.90 No Bid
Ayes: Seven. Motion carried.
HEARINGS
103485 Mollenhoff/Collier
that proof of publication of notice of public hearing on request of Afro-American
Community Broadcasting, Inc. to rezone from "R-2" One and Two Family Residence
District to "C -Z" Conditional Zoning property generally located west of Mobile
Street between Newell and Quincy Streets to relocate broadcasting studios for radio
station KBBG and construct a 150 foot transmitting tower and rescinding Ordinance
No. 4017 in its entirety due to an error in the legal description, as published in
the Waterloo Courier on August 17, 1994, be received and placed on file. Ayes:
Seven. Motion carried.
103486 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Collier/Murphy
that the hearing be closed. Ayes: Seven. Motion carried.
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September 6, 1994
Hearings - continued
103487 - Anders/Mollenhoff
Page 2
that "an Ordipance'amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 56 to Section 2A -7N Conditional Rezoning Certain Property
and rescinding Ordinance No. 4017", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
103488 - Collier/Jordan
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
103489 - MurphyJCollier
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.
103490 - Collier/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 56 to Section 2A -7N Conditional Rezoning Certain Property
and rescinding Ordinance No. 4017", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4035.
103491 - Mollenhoff/Krizek
that proof of publication of notice of public hearing on request of Schenk
Engineering on the proposed amendment to the "R -4,R -P" Planned Residential District
site plan for the Guernsey Farm site generally located south of U.S. Highway 20 and
east of Hammond Avenue to develop the westerly 20 acres along Hammond Avenue for
medical office, commercial and residential uses, including a multi -story retirement
complex, as published in the Waterloo Courier on August 23, 1994, be received and
placed on file. Ayes: Seven. Motion carried.
103492 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Krizek/Murphy
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
103493 - Anders/Mollenhoff
that "Resolution approving said site plan amendment", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-425.
103494 - Mollenhoff/Collier
that proof of publication of notice of public hearing on proposed Logan Plaza Urban
Revitalization Area No. 2, as published in the Waterloo Courier on August 23, 1994,
be received and placed on file. Ayes: Seven. Motion carried.
103495 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Jordan/Murphy
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
103496 - Collier/Mollenhoff
that "an Ordinance adopting the Logan Plaza Urban Revitalization Area No. 2", be
received, placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
September 6, 1994
UNFINISHED BUSINESS
103497 - Anders/Murphy
Page 3
that "Resolution •approving communication from Community Development Board
transmitting recommendation of approval of the acquisition contract payments in the
amount of $47,000.00 and accepting the deeds for Parcel No. 6 (Larry Moses), Parcel
No. 11 (Ivan & Thelma Berry) in the amount of $17,500.00, Parcel No. 13 (James &
Doloras Trimble) in the amount of $15,000.00, Parcel No. 15 (John & Shirley Forbes)
in the amount of $9,000.00, and Parcel No. 45 (Anna M. Hinton) in the amount of
$1,500.00 in conjunction with Sherwood Park Voluntary Acquisition", be adopted.
Ayes: Five. Nays: Jordan, Mollenhoff.
Resolution adopted and upon approval by Mayor assigned No. 1994-426.
PETITIONS FROM PUBLIC
103498 - Mollenhoff/Murphy
that communication from City Engineer transmitting request of Bernal Koehrsen for
a waiver for a concrete driveway to be located at 100 Martin Road, 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. 1994-427.
103499 - Mollenhoff/Murphy
that communication from City Engineer transmitting request of Pauline C. Bingman for
a waiver for an asphalt driveway to be located at 920 Carter Street, 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. 1994-428.
103500 - Mollenhoff/Murphy
that communication from City Engineer transmitting request of Pauline C. Bingman,
920 Carter Street, to hard surface an area of right-of-way located between the
property line and unimproved street on Carter Street, together with recommendation
of approval, be received, placed on file and approved. Ayes: Seven. Motion
carried.
103501 - Getty/Collier
that communication from City Planner transmitting "R -4,R -P" Planned Residential
District site plan request from Cedar Valley Building Company for property generally
located southeasterly of the intersection of Kamille Court and Bradley Road for
construction of a four unit condominium, be received, placed on file and "Resolution
setting date of hearing as September 19, 1994 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. 1994-429.
DOCUMENTS
103502 - Jordan/Mollenhoff
that communication from City Engineer transmitting Contracts, Bonds and Certificates
of Insurance in the amount of $30,455.25 from Jim Sands Construction of Cedar Falls,
Iowa in conjunction with F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6,
Contract No. 470, 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. 1994-430.
103503 - Anders/Jordan
that communication from Waterloo Housing Authority Executive Director transmitting
Certificate of Substantial Completion and Recommendation of Acceptance of Work
performed by Beck -Ericson Inc. in conjunction with construction of 10 single family
houses be received, placed on file and "Resolution approving said document", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-431.
103504 Getty/Krizek
that communication from City Planner transmitting recommendation of acceptance of
bid in the amount of $21,410.00 from Lehman Trucking & Excavating Inc. for
Demolition Contract D -94(A) for structures within various project corridors, 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. 1994-432.
September 6, 1994
Documents - continued
103505 - Krizek/Mollenhoff
Page 4
that communication• from City Planner transmitting an agreement with Schenk
Engineering Company for design and inspection services in conjunction with Tower
Park Drive Extension, Contract No. 475, together with recommendation of approval,
be received; placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-433.
103506 - Murphy/Collier
that communication from Community Development Administrator transmitting Funding
Approval and Home Investment Partnership Agreement with U.S. Department of Housing
and Urban Development (HUD) for $500,000 in Home Investment Partnership Act funding
for Federal Fiscal Year 1994, 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. 1994-434.
RESOLUTIONS TO BE ADOPTED
103507 - Anders/Murphy
that "Resolution authorizing and directing the City Clerk to destroy certain records
and papers as provided in Section 372.13, Paragraph 5, 1993 Code of Iowa", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-435.
103508 - Krizek/Mollenhoff
that "Resolution approving the acquisition contract payment in the amount of $1.00
and other valuable consideration and accepting the deed for 1800 Burton Avenue
(Donald E. Miller) in conjunction with Donald Street Drainage Improvements project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-436.
103509 - Murphy/Jordan
that "Resolution approving the temporary easement contract payment in the amount of
$300.00 for Parcel No. 39E (Gospel Temple Church of God in Christ) in conjunction
with Martin Luther King, Jr. Drive project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-437.
103510 - Jordan/Collier
that "Resolution to appeal the decision of Judge Jon Fister in Larry Davis vs. City
of Waterloo, Iowa, Case No. 73821", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-438.
ORDINANCE TO BE ADOPTED
103511 - Mollenhoff/Murphy
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (333)
Sager Avenue of Section 551, Parking Prohibited at all Times on Certain Streets; and
by enacting in lieu thereof a new Subsection (333) Sager Avenue of Section 551,
Parking Prohibited at all Times on Certain Streets (restricted parking on the south
side of Sager Avenue from Progress to the cul-de-sac to the east)", be received,
placed on file, considered and passed for the first time.
Prior to a vote on the above motion, the following discussion was heard.
Janet Randall, 1118 Tiffany, Apartment 6 and manager of several apartment buildings,
stated that the parking on Sager is a necessity because her tenants need the on -
street parking on Sager Avenue. She questioned why parking could not be allowed on
both sides of the street. She informed the council that three street lights on
Sager Avenue are not working. Mike Mrzlak, Superintendent of Sign & Traffic, will
investigate why the lights are not working.
Mike Mrzlak, Superintendent of Sign & Traffic, stated that this ordinance was
requested by members of the Immanuel Southern Baptist Church located at the end of
the cul-de-sac. The church asked for the parking restriction because travel to the
church was a problem in the winter when parked cars on both sides of the street make
snow removal difficult.
Ms. Randall questioned if the snow removal ordinance could be changed to include
this part of Sager Avenue. Dick Grimm, Superintendent of Streets, stated that the
snow route is for priority streets only.
September 6, 1994 Page 5
Ordinance to be Adopted - continued
Councilperson Murphy suggested that parking be allowed
except during snow removal in the winter.
Following discussion, a vote was taken on the above
result. Ayes: Six. Nays: Murphy. Motion carried.
BILLS PAYMENT
103512 - Krizek
on both sides of the street
motion with the following
that "Resolution approving Schedule A918, pp. 1-65, in the amount of $1,737,494.79,
dated September 6, 1994, a copy of which is on file in the City Clerk's office, with
the deletion of PV #93022 in the amount of $90.05", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-439.
NEW BUSINESS
103513 - Mollenhoff/Krizek
that communication from City Planner transmitting request of the Board of Adjustment
for an amendment to the zoning ordinance as it pertains to the height of
transmission towers, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as September 19, 1994 at 7:00 p.m. in the City Hall Council
Chambers on the above request", be adopted and City Clerk instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-440.
103514 - Anders/Jordan
that communication from Community Development Administrator transmitting an Energy
Efficient Affordable Housing Rehabilitation Program with Midwest Power Systems Inc.
to provide energy assistance measures to low-income persons in conjunction with
Community Development Block Grant Housing Rehabilitation Program and authorize Mayor
to submit letters of support for the program to the Iowa Utilities Board and to the
Office of Consumer Advocate, be received, placed on file and approved. Ayes:
Seven. Motion carried.
103515 - Mollenhoff/Jordan
that communication from City Engineer transmitting recommendation of appointment of
Jamie Knutson to the position of Associate Engineer to be effective at a mutually
agreed upon date, be received, placed on file and approved. Ayes: Seven. Motion
carried.
103516 - Mollenhoff/Jordan
that communication from City Engineer transmitting recommendation of appointment of
Gordon Steffensmeier to the position of Associate Engineer to be effective at a
mutually agreed upon date, be received, placed on file and approved. Ayes: Seven.
Motion carried.
Travel Requests
103517 - Getty/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Kevin Nobis, Police Officer, to attend D.A.R.E. training in Camp Dodge, Iowa on
September 19-30, 1994, with costs not to exceed $197.16, including the use of
city vehicle.
2. James L. Boesen, Chief HVAC Inspector, and Harold L. Waschkat, Chief Plumbing
Inspector, to attend 65th Annual IAPMO Conference in St. Paul Minnesota on
October 2-5, 1994, with costs not to exceed $599.00 each, including the use of
city vehicle.
3. Richard Bruce Arends, Police Sergeant, to attend Medicolegal Death Investigation
Seminar in Collinsville, Illinois on September 19-21, 1994, with costs not to
exceed $667.00, including the use of city vehicle.
4. Deborah L. Collett, Executive Director of Waterloo Housing Authority, to attend
National NAHRO Conference in Baltimore, Maryland on October 23-26, 1994, with
costs not to exceed $1,185.00.
5. Tim Powers, Fire Lieutenant, to attend course on the National Fire Academy in
Emmitsburg, Maryland on September 19-30, 1994, with costs not to exceed $177.12.
September 6, 1994 Page 6
Travel Requests - continued
6. Louis Cutwright, Jr., Building Official, to attend International Conference of
Building Officials 72 Annual Conference in Indianapolis, Indiana on September 11-
16, 1994, yaith costs not to exceed $1,380.00.
Ayes: Seven. Motion carried;
MISCELLANEOUS
103518 - Jordan/Collier
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor
Control Department and application for outdoor service area, pawnbroker's license
and fireworks display be received, placed on file and approved:
1. Beer License Permit Application
Class B
City of Waterloo Recreation Center, Conger & Rainbow Drive (New) (Expires 9/1/95)
(Includes Sunday Sales)
2. Beer/Wine License Permit Application
Class E
County Market, 1411 Flammang Drive (Renewal) (Expires 8/26/95) (Includes Sunday
Sales)
3. Beer/Liquor License Permit Application
Class C
Uptown Lounge, 213-215 East 5th Street (Renewal) (Expires 9/5/95) (Includes
Sunday Sales)
Yen Ching, 109 Commercial (Renewal) (Expires 9/11/95) (Includes Sunday Sales)
Huckleberry's Dining Emporium, 722 Water (Renewal) (Expires 9/8/95) (Includes
Sunday Sales)
Ringos, 1406-08-10 Commercial Street (New) (Expires 9/6/95) (Includes Sunday
Sales)
Application for Outdoor Service Area
Fortune's Tap, 328 Elm on September 8, 1994
Application for Pawnbroker's License
Sycamore Pawn & Bank Shop, 1202 Sycamore Street
Application for Fireworks Display
Waterloo Community Schools, 1350 South Hackett Road on September 9, 1994
Ayes: Seven. Motion carried.
103519 Councilperson Getty stated that By All Means, 726-28 Logan Avenue, was not in
compliance with established city codes. He noticed that there is no curb cut or
hard surface parking at the business. Don Temeyer, City Planner, stated that his
department will meet with the owner of the business and inform them of the items
that need to be taken care of prior to approval of the liquor license.
Anders/Jordan
that the following beer and liquor license permit application be tabled until such
time the business is in conformance with Planning & Zoning, health and fire codes:
By All Means, 726-728 Logan Avenue (New) (Expires 9/8/95 (Includes Sunday Sales)
Ayes: Seven. Motion carried.
BONDS
103520 - Anders/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through September 6, 1994, be received, placed on file and report and bonds be
approved. Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
103521 - Francis Van Ee, 2547 Edgemont, read a prepared letter regarding the upcoming
September 27, 1994 referendum on slot machines. He asked for the council's support
of the slot machine issue.
Councilperson Joe Collier stated that the property at 432 Sherman needs work and
that the railroad crossing on East 4th Street needs to have the fence repaired and
the weeds removed.
103522 - City Attorney James Walsh stated that review of performance of staff is an approved
topic of Executive Session as approved by Iowa Code Section 21.5(1)(i).
Jordan/Collier
that the Council a \urn to Executive Session. Ayer"\ Seven. Motion carried.
S'
September 6, 1994 Page 7
EXECUTIVE SESSION
103523 - Mollenhoff/Collier
that the Couri1 adjourn the Executive Session. Ayes: Seven. Motion carried.
ADJOURNMENT
103524 - Getty/Collier
that the Council adjourn at 9:59 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk