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HomeMy WebLinkAbout10/13/1997October 13, 1997 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, October 13, 1997. Mayor John R. Rooff in the Chair. Roll Call: Getty, Jordan, Krizek, Murphy, Anders, Mollenhoff. Absent: Collier. Invocation by: Reverend Gladys Rainey, Gift of Life Ministry Pledge of Allegiance: Bob Stevenson, Administrative Director 109297 - Mollenhoff/Getty that the Agenda, as amended, for the Regular Session on Monday, October 13, 1997, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 109298 - Murphy/Jordan that the Minutes, as proposed, for the Regular Session on Monday, October 6, 1997, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. Mayor Rooff presented the Christian Fellowship Baptist Church Youth Group a Recognition of Achievement. Mayor Rooff read a plaque presented to the City by Mark Lemon. Mayor Rooff read a proclamation declaring October 12-18, 1997 as Sign Language Interpreter Awareness Week. HEARINGS 109299 - Mollenhoff/Murphy that proof of publication of notice of public hearing on the request of Ron and Janice Hemenway to vacate, sell and convey the 3' portion of alley abutting property located at 315 Vinton Street for $78.31, as published in the Waterloo Courier on September 30, 1997, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109300 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109301 - Jordan/Murphy that "an Ordinance vacating the 3' portion of alley abutting property located at 315 Vinton Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 109302 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 109303 - Mollenhoff/Anders that "an Ordinance vacating the 3' portion of alley abutting property located at 315 Vinton Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4262. October 13, 1997 Page 2 HEARINGS - CONTINUED 109304 - Murphy/Krizek that "Resolution authorizing the sale and conveyance of the 3' portion of alley abutting property located at 315 Vinton Street to Ron and Janice Hemenway for $78.31", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-644. 109305 - Krizek/Jordan that proof of publication of notice of public hearing on request of Chris Huff to reduce the platted building line from 25 ft. to 15 ft. property generally located on the Farrington Road side of the northwest corner of Farrington and Wembley Roads for the construction of a new home, as published in the Waterloo Courier on September 30, 1997, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109306 - 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 be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109307 - Getty/Murphy that "an Ordinance reducing the platted building line from 25 ft. to 15 ft. property generally located on the Farrington Road side of the northwest corner of Farrington and Wembley Roads", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 109308 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. 109309 - Mollenhoff/Krizek that "an Ordinance reducing the platted building line from 25 ft. to 15 ft. property generally located on the Farrington Road side of the northwest corner of Farrington and Wembley Roads", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4263. UNFINISHED BUSINESS 109310 - Anders/Murphy that communication from Superintendent of Streets transmitting recommendation of award of contract in the amount of $2,331.00 per hour to Cedar Valley Corporation of Waterloo, Iowa in conjunction with the F.Y. 1998 Downtown Snow Removal for 1997-98 Winter Season, 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. 1997-645. 109311 - Anders/Mollenhoff that the following bids opened on September 25, 1997 in conjunction with the Energy Conservation Project, Building Controls Replacement for City Hall, Recreation and Arts Center, and Waterloo Public Library, be received and placed on file: October 13, 1997 Page 3 UNFINISHED BUSINESS - CONTINUED Bidder Environmental Control Systems Johnson Controls Ayes: Six. Absent: Collier. Motion carried. 109312 - Anders/Jordan Bid Amount $260,000.00 $196,010.00 that communication from Administrative Director transmitting recommendation of award of contract in the amount of $196,010.00 to Johnson Controls, 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. 1997-646. PETITIONS FROM PUBLIC 109313 - Krizek/Mollenhoff that communication from City Engineer for a waiver for a concrete driveway with recommendation of approval, be approving said request", be adopted. transmitting request of Paul M. Rottinghaus to be located at 1360 Angus Drive, together received, placed on file and "Resolution Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-647. 109314 - Krizek/Mollenhoff that communication from City Engineer transmitting request of Charles W. Roudebush for a waiver for a concrete driveway to be located at 827 Lynkaylee Drive, 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. 1997-648. 109315 - Krizek/Mollenhoff that communication from Administrative Director transmitting request of First Star Bank that the City of Waterloo participate as a partner for the December 31, 1997, "Firststar Eve" Celebration and to authorize trolley and hay rides leaving the Family YMCA parking lot onto South Hackett Road to the K -Mart parking lot returning via the frontage road to the YMCA, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. REPORTS 109316 - Mollenhoff/Jordan that communication from City Clerk transmitting Financial Report for September 1997, with total revenues in the amount of $6,365,468.96 and total expenditures in the amount of $5,242,466.51, be received and placed en file. Ayes: Six. Absent: Collier. Motion carried. DOCUMENTS 109317 - Krizek/Jordan that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Borwiq Building Service of Waterloo, Iowa in conjunction with F.Y. 1996 Bridge Deck Repair Program, Contract No. 471, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-649. October 13, 1997 Page 4 DOCUMENTS - CONTINUED 109318 - Krizek/Jordan that communication from Police Chief transmitting a grant from U.S. Department of Justice, Office of Community- Oriented Policing Services, in the amount of $80,011 for a Problem Solving Partnership grant to be used in partnership with Iowa CCI to be used for Street Level Drug Dealing, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-650. 109319 - Krizek/Jordan that communication from Traffic Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Voltmsr Electric, Inc. of Decorah, Iowa, in conjunction with San Marnan Drive at Ansborough Avenue Traffic Signal Improvements CS -TSF -8155(27)--85-07, Contract No. 534, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-651. 109320 - Krizek/Jordan that communication from City Planner transmitting a development agreement with Barbara H. Roberts for tax rebatement for five years at 100 percent, less debt service levy, to purchase and develop an office and/or retail building on property located in Downtown Waterloo Urban Renewal and Redevelopment Plan, 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. 1997-652. BILLS PAYMENT 109321 - Mollenhoff that "Resolution approving Schedule AP640, pp. 1-53 dated October 13, 1997 in the amount of $2,005,708.12, a copy of which is on file in the City Clerk's Office", be adopted together with recommendation of approval of Finance Committee. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1997-653. NEW BUSINESS 109322 - Anders/Mollenhoff that communication from City Planner transmitting recommendation of appointment of Andrew Loonan to the position of Associate Planner, effective October 14, 1997, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. TRAVEL REQUESTS 109323 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved. 1. Walter Reed, Jr., Executive Director Human Rights, to attend the 4th annual Lt. Governor's Conference on Diversity in Des Moines, Iowa on October 21-22, 1997, with costs not to exceed $474.00, including the use of city vehicle. 2. Sherry Thomas, Rehabilitation/Relocation Specialist, to attend National Highway Institute Course 14130 -Advanced Relocation Workshop in Ames, Iowa on November 18-20, 1997, with costs not to exceed $195.00. October 13, 1997 Page 5 TRAVEL REOUESTS - CONTINUED 3. Terry Blank, Property/Evidence Manager, to attend Glock Armorer/Weapons Parts Training in Jefferson City, Missouri, on October 19-22, 1997, with costs not to exceed $449.27. 4. W.D. Carter, Police Lieutenant, to attend Business Rescue Technician Class in Cedar Falls, Iowa, on October 11-12, 1997, with costs not to exceed $140.00. Ayes: Six. Absent: Collier. Motion carried. MISCELLANEOUS 109324 - Getty/Anders 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: 1. Beer/Wine License Application Permit Class C The Gallery Building, 320 E. 4th Street (New) (Expires 10/14/98) (Includes Sunday Sales) Starvin' Marvin Peetza Joynt, 300 W. 4th Street (New) (Expires 10/22/98) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Brown Bottle, 209 W. 5th Street (Renewal) (Expires 10/21/98) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E K -Mart, 2715 Crossroads Blvd. (New) (Expires 10/20/98) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Adams Supermarket, 1010 E. Mitchell Avenue (New) (Expires 11/1/98) (Includes Sunday Sales) Ayes: Six. Absent: Collier. Motion carried. BONDS 109325 - Mollenhoff/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through October 13, 1997, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Collier. Motion carried. ORAL PRESENTATIONS 109326 - Craig Fanton, 1170 Bourland, presented a reply and a request. The reply was to a memorandum dated June 30, 1997 from Bob Osgood, Chief Plumbing Inspector. The memo was in reference to a dog kennel proposed for construction at 1177 Cornwall. The issue at this time is the proposed private waste containment system for the collection of dog feces at 1177 Cornwall. The guidelines for maintaining the system are contained in Article IV Section 34-70 of the Waterloo Code of Ordinances. Private sewage system are enforceable by legal action. Mr. Osgood informed the residents in the area of 1177 Cornwall that no permit is required to build a private sewage system or are there any regulations or guidelines established by any city department to ensure what is an acceptable and workable system. There are city codes and state laws established to deal with the after effects. Mr. Fanton and the petitioners feel that new rules must be established before the fact to greatly reduce the probability of hazards resulting from an improperly constructed and maintained feces collection system. Mr. Fanton stated that the adjoining and surrounding neighbors of 1177 Cornwall take issue with the situation of allowing residential property owners to install and utilize animal waste containment systems without the proper construction permits, building inspections and rules to govern their proper year round use. It was the request of the petitioners that city departments draw up and approve the necessary codes for the following points: 1) Permits required for the construction of residential • October 13, 1997 Page 6 ORAL PRESENTATIONS - CONTINUED animal waste containment systems, 2) Construction guidelines and inspection of said containment systems to ensure year round operation regardless of weather conditions, 3) Soil percolation testing as prescribed by the county if a leeching bed is deemed acceptable, 4) Minimum residential lot size established for installation of a particular system as well as its location on said lot size, with respect to dwellings and out buildings on neighboring properties, and 5) Enforceable penalties for noncompliance with said codes. Mr. Fanton requested that the appropriate city office or department issue a temporary injunction to halt the installation of any animal waste containment system at 1177 Cornwall until such time that a city code is in place. Mayor Rooff referred the above petition to City Attorney Jim Walsh. Mollenhoff/Jordan that the above letter and petition be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109327 - Deb Niemann, 3151 Marigold Drive, presented a petition of opposition from the owners of homes and properties located in Southdale and Westdale Additions and the Lakeside 1 Condos to a site plan amendment request from Schenk Engineering. The "R -3,R -P" site plan amendment will allow a manufactured home subdivision at the above location. The petitioners are concerned that the site plan amendment would decrease the property value, increase traffic congestion, and overload the storm sewer system. Ms. Niemann stated that the Planning, Programming and Zoning Commission recommended denial of the site plan amendment at today's meeting. Mollenhoff/Murphy that the above petition be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 109328 - Getty/Anders that the above oral comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. ADJOURNMENT 109329 - Mollenhoff/Jordan that the Council adjourn at 7:49 p.m. Ayes: Six. Absent: Collier. Motion carried. Nancy Eckert City Clerk