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HomeMy WebLinkAbout05/19/1997May 19, 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, May 19, 1997. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Murphy, Anders, Collier, Mollenhoff. Absent: Getty, Krizek. Invocation by: Reverend David Vanderleest, Grace Reformed Church Pledge of Allegiance: Jim Rodemeyer, Personnel Director 108428 - Mollenhoff/Jordan that the Agenda, as amended, for the Regular Session on Monday, May 19, 1997, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Krizek. Motion carried. 108429 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, May 12, 1997, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Krizek. Motion carried. Mayor Rooff read a Proclamation declaring May 24, 1997 as Cool 105.7 Days Pete Lilja was recognized as recipient of the Waterloo Fire Rescue Department's 1997 Paramedic of the Year. PETITIONS FROM PUBLIC 108430 - Anders/Jordan that communication from City Engineer transmitting request of James Mashek for a waiver for a concrete driveway to be located at 2551 Logan Avenue, together with recommendation of approval, be received, placed on file and. "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-240. 108431 - Anders/Jordan that communication from City Engineer transmitting request of Richard D. Platt for a waiver for a concrete driveway to be located at 355 Derbyshire Road, together with recommendation of approval, be received, placed on file and. "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-241. 108432 - Anders/Jordan that communication from City Engineer transmitting request of Warren George for a waiver for a concrete driveway to be located at 448 Loma Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-242. 108433 - Anders/Jordan that communication from City Engineer transmitting request of Marc A. Venter for a waiver for a concrete driveway to be located at 311 Ivanhoe Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-243. 108434 - Anders/Jordan that communication from Broosters, 3555 University Avenue, transmitting request for a variance to Chapter 25.5 of the Noise Control Ordinance, on May 25, 1997 from 8:00 p.m. to 11:00 p.m. to have live entertainment in their beer garden, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-244. 108435 - Anders/Jordan that communication from Associate Engineer transmitting request of Allied Construction Company, Inc. for a variance to Chapter 25.5 of the Noise Control Ordinance, effective May 20, 1997 to December 1, 1997 in conjunction with Martin Luther King Jr. Drive Construction, Contract No. 516, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-245. May 19, 1997 PETITIONS FROM PUBLIC 108436 - Anders/Jordan Page 2 that communication from Associate Engineer transmitting request of Hawkeye Community College to temporarily place signs on Kimball Avenue/Ridgeway Avenue, San Marnan Drive/Kimball Avenue, San Marnan Drive/Flammang Drive, San Marnan Drive/Sears Street, Orange Rd/Highway 21, Dysart Road/Orange Road, Orange. Road/Highway 21, north of San Marnan Drive near Menard's access and San Marnan Drive/Penneys Street in conjunction with Antique/Collectibles Fair and Classic Car Show/Swap Meet being held at the campus on June 14-15, 1997, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-246. 108437 - Anders/Jordan that communication from City Planner transmitting request of Joe Minard and Kevan Cortright to vacate a portion of the storm sewer easement generally located along the northerly side of San Marnan Drive and the westerly side of Kimball Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 2, 1997 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: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-247. 108438 - Anders/Jordan that communication from City Planner transmitting request of Schenk Engineering Company on behalf of Lockard Development to vacate, sell and convey for $9,322.20 a portion of the street right-of-way generally located on the south side of W. San Marnan Drive east of Jonathan Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 2, 1997 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: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-248. 108439 - Anders/Jordan that communication from City Planner transmitting request of Joe Minard and Calvin Paulsen to rezone from "A-1" Agricultural District to "R--1" Residence District property generally located at the easterly end of the southeast corner of Hammond Avenue and E. Shaulis Road, just west of South Hills Park to develop for single family residences, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 9, 1997 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: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-249. 108440 - Anders/Jordan that communication from City Planner transmitting request of Heartland Midwest Management to vacate the 5 foot platted utility easements generally located between Lots 63 and 65 and Lots 64 and 65 in Southgate Fourth Addition to allow construction of an addition to the existing office building at 3136 Brockway Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 9, 1997 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: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-250. 108441 - Anders/Jordan that communication from City Planner transmitting request of Nagel Signs, on behalf of Xiao Young Zhang, to approve minor site plan amendment to approve placement of a post sign for property located on the southwest corner of W. San Marnan Drive and Sears Street commonly referred to as the former Hardees Restaurant site, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-251. May 19, 1997 Page 3 DOCUMENTS 108442 - Murphy/Mollenhoff that communication from Administrative Director transmitting a joint application with the Iowa Department of Natural Resources and the United States Army Corps of Engineers for the construction of the 24 to 36 inch sanitary sewer interceptor which would cross a Cedar River protection levee and a potential wetland in conjunction with the Northwest Interceptor Sewer, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-252. 108443 - Murphy/Mollenhoff that communication from Traffic Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $97,250.00 from Voltmer Electric, Inc. of Decorah, Iowa in conjunction with San Marnan Drive at Ansborough Avenue, CS -TSF - 8155(27) --85-07, Contract No. 534, be received, placed on. file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-253. 108444 - Murphy/Mollenhoff that communication from Assistant City Engineer transmitting an amendment to Commercial Lease No. 7-426.2 with the Iowa Department of Transportation to delete the requirement to provide guardrail type barriers around the bridge support piers in the parking lots to be constructed under U.S. 218 between West Park Avenue and West 6th Street, together with recommendation of approval, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-254. 108445 - Murphy/Mollenhoff that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgages for 342 W. Schrock Road, 9041 Douglas Drive, 10510 Kimball Avenue and 7715 Ansborough Avenue, be received, placed on file and "Resolution approving said release of real estate mortgages", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-255. 108446 - Murphy/Mollenhoff that communication from Traffic Engineer transmitting an application with the Iowa Department of Transportation for additional Traffic Safety Improvement funding in the amount of $138,000.00, for a total cost of $438,000.00 in conjunction with Hawkeye Road (Highway 21) at East Orange Road, Contract No. 506, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-256. 108447 - Murphy/Mollenhoff that communication from City Planner transmitting changes to the Facade Improvement Program to increase maximum loan amount to $16,000.00 per 20 foot store front and that landscaping improvements be added as an eligible project, be received, placed on file and "Resolution approving said changes", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-257. 108448 - Murphy/Mollenhoff that communication from City Planner transmitting Facade Improvement Loan application with Michael C. Hollen in the amount of $30,000.00 at 5 percent for seven years to make exterior improvements to the building at 320 East Fourth Street, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-258. May 19, 1997 RESOLUTIONS TO BE ADOPTED 108449 - Mollenhoff/Collier Page 4 that "Resolution accepting and dedicating for utility easement purposes property 160 feet wide, covering the 100 foot road right-of-way for Midport Boulevard, as well as 30 feet on either side beginning approximately 1,200 feet easterly of Airport Boulevard and extending easterly and southerly to Airline Highway", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-259. 108450 - Mollenhoff/Collier that "Resolution setting new date of hearing, due to an error in the legal description, as June 9, 1997 at 7:00 p.m. in the City Hall Council Chambers on the vacation, sale and conveyance of a portion of vacated alley generally located between Mulberry and Lafayette Streets, easterly of E. llth Street to Allen L. Grote for $229.50", be adopted and City Clerk instructed to publishnotice of same. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-260. 108451 - Mollenhoff/Collier that "Resolution approving total acquisition contract payments and accepting the deeds for Parcel Nos. 15-19 (William Becker) in the amount of $8,000.00 in conjunction with Riverview Development", be adopted. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-261. ORDINANCES TO BE ADOPTED 108452 - Collier/Jordan that the second reading on an Ordinance amending the 1996 Traffic Code by adding Subsection (36a) Courtland Street to Section 543, Thru Streets (to remove stop signs on intersection of Irving and Courtland Streets and make Courtland Street a thru street from Franklin Avenue to Lane Street), be tabled for one week. Ayes: Five. Absent: Getty, Krizek. Motion carried. BILLS PAYMENT 108453 - Mollenhoff/Jordan that "Resolution approving Schedule AP640, pp. 1-90 dated May 19, 1997 in the amount of $5,838,544.86, a copy of which is on file in the City Clerk's office", be adopted, with Councilperson Mollenhoff abstaining on PV 23842 in the amount of $20.00. Ayes: Five. Absent: Getty, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-262. MISCELLANEOUS 108454 - Jordan/Collier that the following beer and liquor license permit applications be received, placed on file and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following applications for temporary beer garden be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Rita's Place, 3005 University (Renewal) (Expires 5/31/98) Smitty's, 709 Jefferson (Renewal) (Expires 5/26/98) (Includes Sunday Sales) Buzz's Bar, 1016 Maynard (Renewal) (Expires 5/27/98) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class C Waterloo Chamber of Commerce, 612 Water Street (13 days --May 31 -June 12, 1997) (Includes Sunday Sales), together with request to transfer said license to each of the following locations: Paramount Park, 612 Water Street; Byrnes Park, 1000 Fletcher Avenue; Cedar River Park, 615 Park Road; Lincoln Park, 519 Mulberry Street; Airport Grounds, 2790 Airport Boulevard Application for Temporary Beer Garden Waterloo Chamber of Commerce --My Waterloo Days (May 31 -June 12, 1997), together with request to transfer said application to each of the following locations: Paramount Park, Byrnes Park, Cedar River Park, Lincoln Park, Airport Grounds Pressbox, 501 W. 4th Street (May 24-25, 1997) Ayes: Five. Absent: Getty, Krizek. Motion carried. May 19, 1997 BONDS 108455 - Collier/Anders Page 5 that the report of the City Attorney and list of bonds filed with the City Clerk through May 19, 1997 be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Getty, Krizek. Motion carried. ADJOURNMENT 108456 - Jordan/Collier that the Council adjourn at 7:31 p.m. Ayes: Five. Absent: Getty, Krizek. Motion carried. Susan Fangman City Clerk