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HomeMy WebLinkAbout04/18/94April 18, 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, April 18, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Reverend Donald Hawes, Pastor at St. Mary's Catholic Church Pledge of Allegiance: Councilperson Scott Jordan Recognition of Week: National Bank of Waterloo, Joseph Vich, President. 102786 - Murphy/Mollenhoff that the Agenda, as proposed, for the Regular Session on Monday, April 18, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 102787 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, April 11, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring the week of April 25-29, 1994 as National Infant Immunization Week. HEARINGS AND BIDS 102788 - Murphy/Jordan that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1994 Street Reconstruction Program, Contract No. 461, as published in the Waterloo Courier on April 11, 1994, be received and placed on file. Ayes: Seven. Motion carried. 102789 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mollenhoff/Jordan that the hearing be closed. Ayes: Seven. Motion carried. 102790 - Getty/Murphy 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. 1994-140. 102791 - Jordan/Collier that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-141. 102792 - Murphy/Krizek to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed one week): Bidder Aspro, Inc. & Subsidiaries, Waterloo, Iowa Cedar Valley Corporation, Waterloo, Iowa Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 102793 - Murphy/Collier Bid Bond Bid Amount 5% $4,795,999.33 5% $4,830,448.29 that communication from City Planner transmitting request from Afro-American Community Broadcasting, Inc. to sell and convey a portion of the vacated east -west alley generally located between Newell and Quincy Streets, west of Mobile Street for $100.00, be received, placed on file and "Resolution setting date of hearing as May 2, 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. 1994-142. 102794 - Mollenhoff/Krizek that communication from City Planner transmitting request for "R -3,R -P" site plan amendment for an area south of the Timberline Condominiums to reduce the number of duplexes from 25 to 20 utilizing a zero side lot line, 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 9, 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. 1994-143. April 18, 1994 Petitions from Public - continued 102795 - Anders/Collier Page 2 that communication from City Planner transmitting request from the Salvation Army to sell and convey a lot acquired from Black Hawk County's delinquent property tax list formerly known as 33 Franklin Street and located within the Franklin/Gateway Neighborhood Improvement area for $701.00, be received, placed on file and "Resolution setting date of hearing as May 2, 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. 1994-144. 102796 - Getty/Mollenhoff that communication from City Planner transmitting request of Friends of Faith Homes, Inc. to reduce a portion of the 30 foot platted building line to 20 feet along the southerly side of Southbrooke Drive to allow a canopy at the front entrance of a proposed residential facility to occupy a portion of the building setback area, 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 9, 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. 1994-145. 102797 Murphy/Jordan that communication from Acting Clerk/Auditor transmitting request from Herbert F. Ide for an exception to burning of yard waste to burn approximately 8 acres of land located at 1111 Greenhill Road, together with recommendation of denial of the Park Superintendent, Acting Fire Chief and Street/Sanitation Superintendent, be received, placed on file and request be denied. Ayes: Seven. Motion carried. 102798 - Getty/Collier that application from Bill Bradford dba Brad Williams for a variance to the Noise Ordinance, Ordinance No. 3094, on June 9, 1994 from 6:00 p.m. to midnight for My Waterloo Days Teen Dance to be held in the parking lot of the Cattle Congress Grounds in front of the pavilion, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-146. DOCUMENTS 102799 - Getty/Murphy that the federal incentive mandated net increase in the amount of $21,513.40 for work performed by Peterson Contractors of Reinbeck, Iowa in conjunction with Shaulis Road Reconstruction - Phase I, M-6470(5)--81-07, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 102800 - Collier/Anders that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Mike Dolan Concrete & Masonry of Waterloo, Iowa in the amount of $80,799.97 in conjunction with F.Y. 1994 Sidewalk Repair Program - Zone 6, Contract No. 466, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-147. RESOLUTIONS TO BE ADOPTED 102801 - Anders/Collier that "Resolution authorizing staff to proceed with additional consultant agreement regarding Waterloo Pollution Control improvements", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan wanted a clearer definition of the resolution authorizing staff to proceed with additional consultant agreement regarding the Water Pollution Control improvements. After many meetings on the subject, he is still concerned, as a lot of ideas have been brought up. He believes the city needs a second opinion on the concept, but he also feels that RUST has a right to defend themselves. Mayor Rooff stated the discussions have led us to this point where the council wanted to discuss the possibility of having a concept presented by another firm. That concept being, is this the way we handle the wastewater treatment plant improvements. There has been discussion about a value engineering firm coming in to help with the decision and to look at RUST's engineering plan, and RCM was mentioned as they had been in to talk to the city, and there was some feeling of confidence in them. April 18, 1994 Page 3 Documents - continued Councilperson Jordan said it would be counterproductive to pit RUST against RCM after the local firm has already presented its concept to the city. A different firm is going to come up with a different concept, and he has a problem with RUST hung out there to dry and does not think it is fair. Joe Becker, a RUST representative, said they have suggested the city hire an engineering firm which is not a RUST competitor to review the design concept before contracting with RUST for the plant design. There are several firms in the country specializing in this type of value engineering. RUST feels the move for a second opinion, along with recent unfounded allegations about its past performance, is severely damaging its reputation as a leader in the field. Anders/Mollenhoff to call the question and cease discussion. Ayes: Four. Nays: Jordan, Mollenhoff, Murphy. Motion carried. 102802 - Anders/Collier that "Resolution authorizing staff to proceed with additional consultant agreement regarding Waterloo Pollution Control improvements", be adopted. Ayes: Six. Nays: Jordan. Resolution adopted and upon approval by Mayor assigned No. 1994-148. BILLS PAYMENT 102803 - Krizek that "Resolution approving Schedule A918, pp. 1-51, in the amount of $1,200,485.04, dated April 18, 1994, a copy of which is on file in the Clerk/Auditor's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-149. NEW BUSINESS 102804 - Murphy/Anders that communication from Mayor Rooff transmitting recommendation of appointment of Kevin Horan to the Waterloo Cable Commission effective immediately, with term expiration date of December 1, 1996, be received, placed on file and approved. Ayes: Seven. Motion carried. 102805 - Jordan/Collier that communication from Mayor Rooff transmitting recommendation of reappointment of Dick B. Miller, Joseph A. Lingua, Jr. and Doug Carpenter to the Plumbing Board Committee and Examining Board, with term expiration date of March 1, 1996, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 102806 - Mollenhoff/Anders that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dennis R. Damon, Police Lieutenant, to attend Community Policing Seminar in Des Moines, Iowa on April 25-26, 1994, with costs not to exceed $119.00, including the use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 102807 - Krizek/Getty 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 B Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 4/13/95) 2. Beer License Permit Application Class C Pony Express #10, 1020 Franklin (Renewal) (Expires 5/1/95) (Includes Sunday Sales) Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/95) 3. Beer/Liquor License Permit Application Class C The Locker Room, 1918 Hawthorne Avenue (Renewal) (Expires 5/1/95) (Includes Sunday Sales) Ayes: Seven. Motion carried. April 18, 1994 Page 4 Miscellaneous - continued 102808 - Getty/Collier that communication from Black Hawk County Health Department Disease Prevention Manager transmitting request to set a date of hearing on revocation of garbage/trash haulers license for Neuenkirk Garbage, be received, placed on file and "Resolution setting date of hearing as April 25, 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. 1994-150. BONDS 102809 - Mollenhoff/Murphy that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 18, 1994, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 102810 - Sam Hopkins, 48 E. Parker, reported that a health hazard situation exists at 57 John Street. He stated it is an eyesore and the smell is terrible. There are goats, chickens, wild geese, 55 gallon drums, junked cars and bales of hay scattered all over the property. Mayor Rooff asked Councilpersons Anders, Getty and Collier to investigate the situation tomorrow morning, along with the Black Hawk County Health Department, and requested they report back to Mr. Hopkins. Elnora Murphy, President of the Ladies Auxiliary of the VFW, inquired about the proclamation to hold "Poppy Days" on May 13-14, 1994. She stated the commander of the VFW was suppose to have sent the proclamation to the Mayor. Mayor Rooff requested that Ms. Murphy get him a copy of the proclamation, and he will put it on the council meeting. The Mayor agreed to have his picture taken with her while he is signing the proclamation. Charlotte Yuza presented a petition with approximately 800 signatures requesting something be done with the intersection of Highway 21 and Orange Road, the intersection of Highway 218 and Shaulis Road and the traffic conditions and general maintenance on Orange Road. They are all important arteries which Hawkeye Community College students utilize to arrive and depart from the college. Ms. Yuza is asking the council to consider a skywalk over Orange Road or traffic signals. She stated there are currently 33 apartments leased in the housing development with 96 units to be completed by the fall of this year, or 207 residents living there. Moved by Murphy, seconded by Krizek that the petitions presented by Ms. Yuza be received, placed on file and referred to Don Temeyer, City Planner, and Eric Thorson, City Engineer, for review and report back to the council in one week. Ayes: Seven. Motion carried. 102811 - Assistant City Attorney Sang -Ki Han stated that setting of non -bargaining salary is an approved topic of Executive Session as authorized by Iowa Code Section 21.9 Krizek/Murphy that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVESESSION 102812 - Murphy/Collier that the Council adjourn the Executive Session and Personnel Director Jim Rodemeyer be instructed to immediately begin job evaluations and job performances for all city department heads and middle management positions for all city employees not governed by collective bargaining. Ayes: Seven. Motion carried. ADJOURNMENT 102813 Getty/Murphy that the Council adjourn at 9:47 p.m. Ayes: Seven. Motion carried. Tom Campbell Acting Clerk/Auditor