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Home My WebLink About04/21/1997April 21, 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, April 21, 1997. Mayor John R. Rooff in the Chair. Roll Call: Getty, Jordan, Krizek, Murphy, Anders, Collier, Mollenhoff. Invocation by: Councilperson Jerry Anders Pledge of Allegiance: Don Temeyer, City Planner 108270 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, April 21, 1997 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 108271 - Murphy/Jordan that the Minutes, as proposed, for the Regular Session on Monday, April 14, 1997 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Presentation by Military Order of Purple Heart and Sons of Amvets of $600 check for Memorial Hall: Walt Broten, Commander of Sons of Amvets; Mike Dennis, Commander of Amvets; Lloyd Faulkner, Commander of Purple Heart; and Randy Miller, Veteran. UNFINISHED BUSINESS 108272 - Mollenhoff/Collier that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $96,113.58 to Suckow Concrete Construction, Inc. of Hazleton, Iowa in conjunction with F.Y. 1997 Sidewalk Repair Program - Zone 9, Contract No. 530, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-158. PETITIONS FROM PUBLIC 108273 - Krizek/Jordan that communication from Assistant City Planner transmitting request of Joe Minard Construction to amend the "C-1" Commercial District/"C-Z" Conditional Zoning site plan for property generally located on the northwest corner of Kimball Avenue and San Marnan Drive for a 3,000 square foot dry cleaning store to be located in the southeast corner and a 7,200 square foot building to be located on the west, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 5, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-159. 108274 - Krizek/Jordan that communication from City Engineer transmitting request of Tyrone R. Sash for a waiver for a concrete driveway to be located at 3007 Randolph 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. 1997-160. 108275 - Krizek/Jordan that communication from City Planner transmitting request of Doe's Neighborhood Organization to utilize fenced lot located at 803 West 5th Street (formerly Reed Cadillac site) on the weekend of May 3, 1997 to hold a neighborhood rummage sale and the weekend of May 10, 1997 to hold their annual neighborhood cleanup and to approve hold harmless agreement, be received, placed on file and "Resolution approving said request", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-161. 108276 - Krizek/Jordan that communication from Police Chief transmitting request of Fred Rose to hold the March for Jesus on Saturday, June 14, 1997 to begin at 11:00 a.m. at Lincoln Park, traveling east on Mulberry Street to 5th Street, south on 5th Street to Commercial, west on Commercial to Park Avenue and north on Park Avenue to Lincoln Park, be received, placed on file and approved. Ayes: Seven. Motion carried. April 21, 1997 Page 2 Petitions from Public - continued 108277 - Krizek/Jordan that communication from Police Chief transmitting request of Lea Ann Shaddox of UNI Women's Track and Field Department to conduct the annual Quakerdale Cedar Valley running, walking and wheeling road race at 8:00 a.m. on Saturday, September 13, 1997 to begin and end at Central Intermediate School, be received, placed on file and approved. Ayes: Seven. Motion carried. 108278 - Krizek/Jordan that communication from City Clerk transmitting request of Cedar Valley Arboretum & Botanic Gardens for an exception to burning of yard waste to burn prairie grasses and native vegetation on approximately 20,000 square feet of creek bed and runoff trench one weekend April 22 -June 22, 1997 on property located at the corner of Hess and Orange Roads, together with recommendation of Parks, Sanitation and Fire Departments, be received, placed on file and approved. Ayes: Seven. Motion carried. REPORTS 108279 - Getty/Mollenhoff that the Waterloo Water Works Calendar Year 1996 Operating Report and Auditor's Report and Financial Statements for Calendar Year 1996, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 108280 - Krizek/Jordan that communication from Administrative Director transmitting Professional Service Agreement with Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa, for design services at a cost of $8,000.00 in conjunction with F.Y. 1998 Black Hawk Road Drainage Improvements, Gatewell L & K (Solar/Lunar Lane), 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. 1997-162. 108281 - Krizek/Jordan that communication from Superintendent of Parks transmitting Contracts, Bonds and Certificates of Insurance from Professional Lawn Care of Waterloo, Iowa in conjunction with 1997 Right -of -Way Mowing Contract, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1997-163. 108282 - Krizek/Jordan that communication from Superintendent of Parks transmitting Contracts, Bonds and Certificates of Insurance in the amount of $61,250.00 from Rampart Corporation of Waterloo, Iowa in conjunction with Spring View Park and Maywood Park Basketball and Tennis Court Construction, 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. 1997-164. 108283 - Krizek/Jordan that communication from Associate Certificates of Insurance in the Construction, Inc. of Hazleton, Iowa Program - Zone 9, Contract No. 530, approving said documents", be adopted same. Ayes: Seven. Engineer transmitting Contracts, Bonds and amount of $96,113.58 from Suckow Concrete in conjunction with F.Y. 1997 Sidewalk Repair be received, placed on file and "Resolution and Mayor and City Clerk authorized to execute Resolution adopted and upon approval by Mayor assigned No. 1997-165. 108284 - Krizek/Jordan that communication from Assistant City Planner transmitting Preliminary Plat of Anderson's Second Addition, together with Engineer's Certificate of Survey, Deed of Dedication, report of the City Engineer, and resolution adopted by the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-166. April 21, 1997 Page 3 RESOLUTIONS TO BE ADOPTED 108285 - Anders/Mollenhoff that communication from City Planner transmitting realignment of Highway 218 Trail from Greenhill Road to Westfield to use the existing roads in Sherwood Park, the levee system behind the National Cattle Congress and along the north side of Westfield Avenue from Conger Street to Duryea Street, be received, placed on file and "Resolution approving said realignment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-167. ORDINANCES TO BE ADOPTED 108286 - Getty/Jordan that "an Ordinance amending Ordinance No. 2470, as amended, City Zoning Ordinance, by adding Subsection No. 76 to Section 2A -7N, Rezoning Certain Property (request of Paul and Joanne Bergloff to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at 1925 Avon Avenue to allow continued operation of a small gun shop)", be received, placed on file, considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4228. 108287 - Mollenhoff/Anders that "an Ordinance amending the 1996 Traffic Code by repealing Subsection (2) Airline Highway (West) also known as Highway 57, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (2) Airline Highway (West) also known as Highway 57 (reduce the speed limit on Airline Highway from Logan Avenue to the west corporate city limits from 55 mph to 45 mph)", be received, placed on file, considered and passed for the second time. Ayes: Six. Nays: Getty. Motion carried. 108288 - Anders/Jordan that rules requiring ordinances to be considered and passed for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 108289 - Jordan/Murphy that "an Ordinance amending the 1996 Traffic Code by repealing Subsection (2) Airline Highway (West) also known as Highway 57, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (2) Airline Highway (West) also known as Highway 57 (reduce the speed limit on Airline Highway from Logan Avenue to the west corporate city limits from 55 mph to 45 mph)", be considered and passed for the third time and adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4229. BILLS PAYMENT 108290 - Mollenhoff that "Resolution approving Schedule AP640, pp. 1-100 dated April 21, 1997 in the amount of $5,115,586.83, a copy of which is on file in the Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-168. NEW BUSINESS 108291 - Murphy/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1997 Concrete & Structure Repair Program, Contract No. 528, be received, placed on file and approved. Ayes: Seven. Motion carried. 108292 - Jordan/Krizek that plans, specifications, form of contract, etc. in conjunction with F.Y. 1997 Concrete & Structure Repair Program, Contract No. 528, be received and placed on file. Ayes: Seven. Motion carried. 108293 - Krizek/Jordan that "Resolution preliminarily approving plans, specifications, etc. in conjunction with F.Y. 1997 Concrete & Structure Repair Program, Contract No. 528", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-169. April 21, 1997 Page 4 New Business - continued 108294 - Jordan/Murphy that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as May 5, 1997, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-170. 108295 - Mollenhoff/Jordan that communication from Recreation & Arts Commission Director transmitting recommendation of appointment of Mark Gallagher to the position of Assistant Sports Supervisor, effective April 22, 1997, be received, placed on file and approved. Ayes: Seven. Motion carried. MISCELLANEOUS 108296 - Getty/Mollenhoff 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 and the following application for fireworks display be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Jerry's, 2790 Airport Boulevard (Renewal) (Expires 4/30/98) (Includes Sunday Sales) Jerry's, 2790 Airport Boulevard (Transfer to 2814 Airport. Boulevard on 5/3/97 - 5/4/97) The Olive Garden, 1315 East San Marnan Drive (Renewal) (Expires 5/29/98) (Includes Sunday Sales) Temporary Dancers (Flirts), 319 Jefferson Street (Renewal) (Expires 4/30/98) (Includes Sunday Sales) Golden China, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/98) (Includes Sunday Sales) The Locker Room, 1918 Hawthorne (Renewal) (Expires 5/6/96) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class A Amvet Home, Inc., 32 Lafayette Road (Renewal) (Expires 5/13/98) (Includes Sunday Sales) Application for Fireworks Display Sunnyside Country Club, 1600 Olympic Drive on July 4, 1997 Ayes: Seven. Motion carried. BONDS 108297 - Mollenhoff/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through April 21, 1997, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 108298 - Councilperson Mollenhoff commented on the activity that he has seen this week for Clean Sweep. Bikers were cleaning up the Greenhill area and students from Black Hawk School were cleaning their grounds and the adjacent park. He appreciates the efforts of citizens that are working hard to improve the appearance of our city. He also received many calls regarding the shoot fighting event held in town on Saturday night. He is glad to see it was poorly attended and probably won't be back to town. Councilperson Krizek reported that there was another accident at the intersection of Hawthorne and Minnesota. A request for a stop sign was made at the Ward Five table talk and she would like Traffic Operations to pursue the necessary action to erect a stop sign. Collier/Anders that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 108299 - Mollenhoff/Jordan that the Council adjourn at 7:31 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk