HomeMy WebLinkAbout06/20/94June 20, 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 Monday, June 20, 1994. Mayor John R Rooff in the
Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Reverend Alois B. May, St. Edwards Catholic Church
Pledge of Allegiance: Former Councilperson Mary Lichty
Recognition of Week: Rabbit Corp., Wallace Stokes, President
103124 - Getty/Collier
that the Agenda, as proposed, for the Regular Session on Monday, June 20, 1994, at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103125 - Jordan/Murphy
that the Minutes of June 13, 1994 Regular Session and June 14, 1994 Special Session
as proposed, be accepted and approved. Ayes: Seven. Motion carried.
Presentation by Fraternal Order of Eagles of $800.00 grant to Police Drug Awareness
Program.
Presentation by Fraternal Order of Eagles of $1,000.00 grant to Fire Department for
use with CPR courses.
UNFINISHED BUSINESS
103126 - Anders/Mollenhoff
that communication from Park Forestry Coordinator transmitting recommendation of
award of contract to All Seasons Tree Service in the amount of $23,600.00 in
conjunction with the Tree Stump Removal Program, 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. 1994-273.
103127 - Murphy/Krizek
that communication from Assistant City Engineer transmitting recommendation of award
of contract to Aspro, Inc. & Subsidiaries of Waterloo, Iowa in the amount of
$1,937,688.43 in conjunction with the F.Y. 1994 Asphalt Overlay Program, Contract No.
462, 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. 1994-274.
PETITIONS FROM PUBLIC
103128 - Mollenhoff/Collier
that communication from City Engineer transmitting request of Linda Dilley for a
waiver for a concrete driveway to be located at 326 Polk 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. 1994-275.
103129 - Getty/Murphy
that communication from City Planner transmitting request of Wendy Lamos to rezone
from "R-4" Multiple Family Residence District to "C-1" Commercial District\"C-Z"
Conditional Zoning property generally located at the northeast corner of Brookeridge
Drive and Canterbury Court to locate former Les Dolls women's apparel shop, together
with recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as July 11, 1994
at 7:00 p.m. in the City Hall Council Chambers on the above described request", be
adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-276.
103130 - Murphy/Jordan
that communication from City Planner transmitting request of Quakerdale Home to
vacate, sell and convey a portion of Glenwood Street For $469.00 and reimbursement
to the city for driveway improvements in the amount of $2,173.52, be received, placed
on file and "Resolution setting date of hearing as July 5, 1994 at 7:00 p.m. in the
City Hall Council Chambers on the above described request", be adopted and Acting
Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Motion carried.
103131 - Krizek/Mollenhoff
that the above motion be amended to set the date of hearing as July 11, 1995 at 7:00
p.m. in the City Hall Council Chambers. Ayes: Seven. Motion carried.
June 20, 1994 Page 2
Petitions from Public - continued
103132 - Krizek/Mollenhoff
that communication from City Planner transmitting request of Quakerdale Home to
vacate, sell and convey a portion of Glenwood Street For $469.00 and reimbursement
to the city for driveway improvements in the amount of $2,173.52, be received, placed
on file and "Resolution setting date of hearing as July 11, 1994 at 7:00 p.m. in the
City Hall Council Chambers on the above described request", be adopted and Acting
Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-277.
103133 - Mollenhoff/Jordan
that communication from City Planner transmitting request of Scott and Samantha
Flodeen to vacate the 5 foot utility easement generally located along the south lot
line of 517 Creston Avenue for construction of a garage in the back yard, together
with recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as July 11, 1994
at 7:00 p.m. in the City Hall Council Chambers on the above described request", be
adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-278.
103134 - Getty/Anders
that communication from City Planner transmitting request of George Marquart dba
Baird Industries, Inc. to rezone from "A-1" Agricultural District to "C-2" Commercial
District\"C-Z" Conditional Zoning property generally located at 3160 Logan Avenue to
allow expansion of the existing manufacturing and wholesale business, together with
recommendation of approval of the Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as July 18, 1994 at
7:00 p.m. in the City Hall Council Chambers on the above described request", be
adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
103135 - Getty/Mollenhoff
Resolution adopted and upon approval by Mayor assigned No. 1994-279.
that communication from City Planner transmitting request of Allen Health Systems,
Inc. to rezone from "R-3" Multiple Family Residence District and "C-1" Commercial
District to "C-2" Commercial District property generally located at Heath Street and
Logan Avenue (U.S. Highway 63) for highway commercial uses, including a motel and
restaurant, together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as July 18, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above
described request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-280.
DOCUMENTS
103136 - Jordan/Collier
that communication from Park Forestry Coordinator transmitting
Certificates of Insurance from All Seasons Tree Service in the
in conjunction with Tree Stump Removal Program be received,
"Resolution approving said documents", be adopted and Mayor and
authorized to execute same. Ayes: Seven.
Contracts, Bonds and
amount of $23,600.00
placed on file and
Acting Clerk/Auditor
Resolution adopted and upon approval by Mayor assigned No. 1994-281.
103137 - Murphy/Jordan
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Prairie Construction Co., Inc. of
Waterloo, Iowa in conjunction with Partial Interior Renovation of the Former East
Side Library, Contract No. 465, be received, placed on file and "Resolution approving
said document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-282.
103138 - Councilperson Anders stated that this is an opportunity for this council to move away
from the thinking that has got us where we are today. It is an opportunity to do
something different and move the city to a different level. The thinking that has
got us here is not going to get us out of this problem. He stated he is well aware
of the problems, as is most of the council, at the current sewage plant and the
lagoon. He is concerned as to whether both firms could meet the January 1, 1998
deadline requirement.
Joe Becker, Division Manager for RUST Environment & Infrastructure, Inc., stated that
if the council makes a decision as to what technology they want to go with (SBR or
conventional activated sludge) and the notice to proceed is granted to them on their
design, RUST would be able to complete that design so that construction would be
completed by January 1, 1998, as requested by the city.
June 20, 1994 Page 3
Documents - continued
It was pointed out that Rieke Carroll Muller Associates, Inc. does have the scheduled
completion date of January 1, 1998 in their proposal.
Jordan/Murphy
that Resolution approving selection of RUST Environment & Infrastructure, Inc. as the
design firm for Water Pollution Control facility improvements (satellite facility)",
be adopted. Ayes: Six. Nays: Anders.
Resolution adopted and upon approval by Mayor assigned No. 1994-283.
103139 - Jordan/Collier
that communication from the City Planner transmitting Fiscal Year 1995-1999 Capital
Improvements Program be received, placed on file and "Resolution approving said
document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-284.
103140 Getty/Jordan
that communication from Fire Chief transmitting 28E Agreement with the Northeast Iowa
Response Group to assist eight northeast Iowa counties by supplying support personnel
and equipment in the event of a hazardous substance emergency, be received, placed
on file and "Resolution approving said document", be adopted and Maybr and Acting
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-285.
103141 - Getty/Jordan
that communication from Fire Chief transmitting 28E Agreement with East Waterloo
Township to provide fire protection, be received, placed on file and "Resolution
approving said document", be adopted and Mayor and Acting Clerk/Auditor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-286.
103142 Getty/Jordan
that communication from Fire Chief transmitting 28E Agreement with Elk Run Heights
to provide fire protection, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-287.
103143 - Getty/Jordan
that communication from Fire Chief transmitting 28E Agreement with Cedar Township to
provide fire protection, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-288.
103144 - Collier/Murphy
that communication from City Planner transmitting an agreement with the Iowa
Department of Transportation for a grant in the amount of $96,559.50 to allow
planting and preparation of trees within the area bounded by Sixth Street, Park
Avenue, the northbound service road, and the southbound service road adjacent to the
Highway 218 viaduct, together with recommendation of approval, be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor and Acting
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-289.
RESOLUTIONS TO BE ADOPTED
103145 - Krizek/Mollenhoff
that "Resolution transferring $3,000.00 from the Road Use Tax Fund, $6,900.00 from
the Sewer Rental Fund, and $3,000.00 from the Solid Waste/Recovery Facility Fund to
the Personnel Agency of the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-290.
103146 - Krizek/Mollenhoff
that "Resolution transferring from the Capital Projects Funds the sum of $9,243.36
to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-291.
June 20, 1994 Page 4
Resolutions to be Adopted - continued
103147 - Krizek/Mollenhoff
that "Resolution transferring from the Tax Increment Financing Fund the sum of
$4,579.02 to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-292.
103148 - Krizek/Mollenhoff
that "Resolution transferring from the Road Use Tax Fund the sum of $881,038 to the
General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-293.
103149 - Krizek/Mollenhoff
that "Resolution transferring from the Sewer Rental Fund the sum of $370,007 to the
General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-294.
103150 - Krizek/Mollenhoff
that "Resolution transferring from the Motor Vehicle Fund the sum of $58,335 to the
General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-295.
103151 - Krizek/Mollenhoff
that "Resolution transferring from the Street Reconstruction Program Fund the sum of
$110,000 to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-296.
103152 Krizek/Mollenhoff
that "Resolution transferring from the Sanitation Fund the sum of $298,342 to the
General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-297.
103153 - Murphy/Mollenhoff
that "Resolution approving total acquisition contract payment in the amount of
$14,950.00 and to accept the deed for Parcel No. 28E (Fred Allen and Betty Allen) in
conjunction with Martin Luther King, Jr. Drive project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-298.
103154 - Collier/Krizek
that "Resolution approving partial acquisition contract payment in the amount of
$135.00 and to accept the deed for Parcel No. 48E (Lonnie and Catherine Moore) in
conjunction with Martin Luther King, Jr. Drive project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-299.
ORDINANCES TO BE ADOPTED
103155 Krizek/Murphy
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8(a), Fee for Service, of Chapter 16, Garbage and
Refuse; and enacting in lieu thereof a new Section 16-8(a), Fee for Service, of
Chapter 16, Garbage and Refuse (delaying volume -based garbage fees until October 1,
1994)", be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
103156 - Mollenhoff/Collier
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
103157 - Collier/Jordan
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.
June 20, 1994 Page 5
Ordinances to be Adopted - continued
103158 Murphy/Collier
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8(a), Fee for Service, of Chapter 16, Garbage and
Refuse; and enacting in lieu thereof a new Section 16-8(a), Fee for Service, of
Chapter 16, Garbage and Refuse (delaying volume -based garbage fees until October 1,
1994)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4021.
BILLS PAYMENT
103159 - Krizek
that "Resolution approving Schedule A918, pp. 1-68, in the amount of $922,351.70,
dated June 20, 1994, a copy of which is on file in the Clerk/Auditor's office, with
the deletion of Purchase Voucher 89550 in the amount of $50.00", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-300.
NEW BUSINESS
103160 - Getty/Jordan
that communication from City Planner transmitting amendments to Zoning Ordinance No.
2479, as amended, as it pertains to the fence height limit along a side street in the
rear yard of a corner lot, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as July 18, 1994 at 7:00 p.m. in the City Hall Council
Chambers", be adopted and Acting Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-301.
103161 - Anders/Collier
to receive, file and instruct Acting Clerk/Auditor to open and read bids received for
the one-year telephone equipment maintenance agreement and refer said opened bids to
Building & Grounds Committee for review and recommendation.
Ayes: Four. Nays: Jordan, Mollenhoff, Murphy. Motion carried.
103162 - Getty/Krizek
that the above motion be amended to include the words all timely stamped bids as
follows:
Bidder Base Bid
New Century Communications $12,100.00
Reliable Systems $ 7,975.00
McLeod $15,038.55
Ayes: Four. Nays: Jordan, Mollenhoff, Murphy. Motion carried.
Travel Requests
103163 - Mollenhoff/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. James Walsh, Jr., City Attorney, to attend Cable Television Workshop on Franchise
Administration and Renewal in Madison, Wisconsin on June 20-22, 1994, with costs
not to exceed $573.00.
2. Chuck Angel and Pierre Denault, Cable Commissioners, to attend Cable Television
Workshop on Franchise Administration and Renewal in Madison, Wisconsin on June 20-
22, 1994, with costs not to exceed $498.00, including the use of city vehicle.
3. Police Canine Handler to attend Basic Canine Handlers Certification School in
Elkhart, Indiana, on July 5 -July 22, 1994, with costs not to exceed $1,652.05,
including the use of city vehicle.
4. Dennis Duggan, Battalion Chief, to visit training centers in Wausau and Stevens
Point, Wisconsin, on June 23 -June 24, 1994, with costs not to exceed $165.00,
including the use of city vehicle.
Ayes: Seven. Motion carried.
June 20, 1994
Travel Requests - continued
103164 - Mollenhoff/Krizek
Page 6
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Councilpersons Harold Getty, Jerry Anders and Joe Collier to visit Herman M. Brown
Company in Elgin, Illinois to evaluate mechanical sweeper, with costs not to
exceed $190.00.
Ayes: Six. Nays: Murphy. Motion carried.
MISCELLANEOUS
103165 - Mollenhoff/Krizek
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 License Permit Application
Class C
Kwik Trip/Kwik Star #732, 324 Fletcher Avenue (Renewal) (Expires 7/21/95)
(Includes Sunday Sales)
Kwik Trip/Kwik Star #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/95)
(Includes Sunday Sales)
Kwik Trip/Kwik Star #723, 707 Broadway Street (Renewal) (Expires 7/24/95)
(Includes Sunday Sales)
Kwik Trip/Kwik Star #722, 1309 Lafayette Street (Renewal) (Expires 7/21/95)
(Includes Sunday Sales)
Kwik Trip/Kwik Star #715, 1636 West 4th Street (Renewal) (Expires 7/21/95)
(Includes Sunday Sales)
Virg's Foods, 1761 Independence (Renewal) (Expires 7/29/95) (Includes Sunday
Sales)
P -N -P, 2100 Lafayette Street (Renewal) (Expires 6/10/95) (Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
Half Pint Saloon, 1831 Independence (Renewal) (Expires 6/29/95)
VFW Post #1623, 612 Jefferson Street (Renewal) (Expires 7/4/95) (Includes Sunday
Sales)
Maple Lanes, 2608 University Avenue (Renewal) (Expires 7/9/95) (Includes Sunday
Sales)
Knights of Columbus, 1955 Locke (Renewal) (Expires 6/30/95) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
City Attorney Jim Walsh stated there were no bonds.
ORAL PRESENTATIONS
103166 - Tom Anderson, Manager of Hy -Vee located at 306 Byron Avenue, presented a petition
requesting a temporary four-way stop sign at the intersection of Byron Avenue and
Kimball Avenue to provide orderly and safe access to Kimball Avenue during the period
of time that Vermont Street will be closed for reconstruction.
Mollenhoff/Jordan
that the above petition be received, placed on file and referred to Mike Mrzlak,
Superintendent of Sign & Traffic, and Eric Thorson, City Engineer. Ayes: Seven.
Motion carried.
Councilperson Collier stated he has had several residents contact him requesting a
stop sign at Linn Street and Oliver Street and requested that Mike Mrzlak review this
request and report back.
Councilperson Getty stated he was concerned with the status of the "Duck Pond" on
Donald Street. Dick Grimm, Superintendent of Streets/Sanitation, stated staff will
be at that site this week as they have been waiting for the utility companies to
locate their utility lines. An excavation will be done on the north side of Donald
Street and the west side of Cottonwood to deepen the ditches.
Eric Thorson, City Engineer, stated they almost have the first property signed and
when that is done, they will be able to complete the design and acquisition of the
properties involved. He stated they are still dealing with the time frame of having
this permanently fixed this summer to solve the Donald Street situation.
103167 - City Attorney Jim Walsh stated that non -bargaining positions are an approved topic
of Executive Session as approved by Iowa Code Section 21.9.
Murphy/Mollenhoff
that the Council adjourn to Executive Session. Ayes: Seven. Motion carried.
June 20, 1994 Page 7
103168 - Krizek/Jordan
that the Council adjourn the Executive Session. Ayes: Seven. Motion carried.
ADJOURNMENT
103169 - Getty/Murphy
that the Council adjourn at 9:26 p.m. Ayes: Seven. Motion carried.
Tom Campbell
Acting Clerk/Auditor