HomeMy WebLinkAbout04/04/94April 4, 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 4, 1994. Mayor John R. Rooff in the
Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Reverend William A. Schultz, Immanuel Lutheran Church, 207 Franklin Street
Pledge of Allegiance: Webelo Den Pack 26 --Eric Paulsen, Josh Speed, Tom Storey, Wes Jackson,
Brett Hamer, Daryn Fischels, Josh Hurley, Drew Engle, and Dana Paulsen, Leader.
Pack 528, Den 4 and 5 --Brandon Doyle, Zachary Moser, Matt Fell, Chad Hall, John Graham,
Zachary Schmitz, Brad Schmitz, Tony Junk, Zach Counsell, and James Melcher.
Recognition of Week: Midwest Power, Tom Watt and Midwest Gas, Steve Soelberg
Mayor Rooff congratulated Councilperson Harold Getty on his retirement from John Deere after
30% years of employment.
102723 - Mollenhoff/Murphy
that the Agenda, as proposed, for the Regular Session on Monday, April 4, 1994, at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
102724 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, March 28, 1994, at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
HEARINGS AND BIDS
102725 - Anders/Murphy
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 Concrete and Structure Repair
Program, Contract No. 468, as published in the Waterloo Courier on March 18, 1994,
be received and placed on file. Ayes: Seven. Motion carried.
102726 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Getty/Mollenhoff
that "Resolution confirming the approval of plans, specifications, form of contract,
etc. in conjunction with said project", be adopted. Ayes: Six. Nays: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-108.
102727 - Jordan/Krizek
that "Resolution ordering construction", be adopted. Ayes: Six. Nays: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1994-109.
102728 - Mollenhoff/Jordan
to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer
to City Engineer for review and recommendation:
Bidder Bid Bond Bid Amount
B & B Builders Supply, Waterloo, IA 5% $163,264.90
Cedar Valley Corporation, Waterloo, IA 5% $167,441.09
Rainbow Concrete Construction, Inc., Waverly, IA 5% $182,395.93
Rampart Corporation, Waterloo, IA 5% $184,790.50
Ayes: Seven. Motion carried.
102729 - Murphy/Mollenhoff
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 Sidewalk Repair Program - Zone
6, Contract No. 466, as published in the Waterloo Courier on March 25, 1994, be
received and placed on file. Ayes: Seven. Motion carried.
102730 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Murphy/Anders
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. 1994-110.
102731 - Jordan/Krizek
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-111.
April 4, 1994
Hearing and Bids - continued
102732 - Mollenhoff/Anders
Page 2
to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer
to City Engineer for review and recommendation (see CR 102758 for award of contract):
Bidder
Bid Bond Bid Amount
B & B Builders Supply, Waterloo, IA 5% $81,156.13
Borwig Building Service, Waterloo, IA 5% $82,367.46
Mike Dolan Concrete & Masonry, Waterloo, IA 5% $80,799.97
Rainbow Concrete Construction Inc., Waverly, IA 5% $93,715.28
Ayes: Seven. Motion carried.
HEARINGS
102733 - Anders/Mollenhoff
that proof of publication of notice of public hearing on request of Mr. and Mrs.
Michael Tschida to sell and convey former Resolution Trust Corporation property
located at 315 Randall Street for $300.00, as published in the Waterloo Courier on
March 29, 1994, be received and placed on file. Ayes: Seven. Motion carried.
102734 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and there were none.
Mollenhoff/Krizek
that the hearing be closed and the recommendation of approval of the Community
Development Board be received and placed on file. Ayes: Seven. Motion carried.
102735 - Jordan/Collier
that "Resolution authorizing sale and conveyance of property generally located at 315
Randall Street for $300.00 to Mr. and Mrs. Michael Tschida", be adopted and City
Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-112.
UNFINISHED BUSINESS
102736 - Mollenhoff/Jordan
that communication from Forestry Coordinator transmitting recommendation of award of
contract to Platt's Inc. in the amount of $24,387.28, in conjunction with FEMA Tree
Replacement 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. 1994-113.
102737 - Murphy/Collier
that communication from Administrative Assistant transmitting an agreement with Ryan
Construction, as amended, for lease of approximately 15 acres of airport property for
commercial and industrial development (tabled from March 28, 1994) be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-114.
PETITIONS FROM PUBLIC
102738 - Murphy/Jordan
that communication from City Engineer transmitting request of Allied Construction
Co., Inc. for a variance to the Truck Embargo Ordinance, Section 574, on Rainbow
Drive from Waterloo West City Limits to Greenhill Road effective from April 11, 1994
to November 1, 1994 in conjunction with Rainbow Drive Reconstruction, 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. 1994-115.
102739 - Krizek/Getty
that communication from City Planner transmitting request of Sunnyside County Club
to vacate the plat of the Waterloo County Club First Addition, 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. 1994-116.
April 4, 1994
Petitions from Public - continued
102740 - Mollenhoff/Krizek
Page 3
that communication from Administrative Assistant transmitting request from 1994
Triage in Trauma Committee to land a helicopter in the parking lot adjacent to the
Waterloo Courier Building at Commercial and West 4th Streets on April 21, 1994 and
Certificate of Insurance in conjunction with annual Trauma Seminar at the Five
Sullivan Brothers Convention Center, 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. 1994-117.
DOCUMENTS
102741 - Getty/Collier
that communication from Forestry Coordinator transmitting Contracts, Bonds and
Certificates of Insurance from Platt's Inc. in the amount of $24,387.28, in
conjunction with FEMA Tree Replacement Program, 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. 1994-118.
102742 - Murphy/Jordan
that communication from Community Development Board transmitting an Emergency Shelter
Grants Program award of $31,580 from the Iowa Department of Economic Development for
the YWCA roof replacement project at the Women's Residence Transitional Housing, and
authorize Mayor to sign Certification of Administration of ESGP Contract authorizing
Community Development to administer the funds, be received, placed on file and
"Resolution approving said Certification of Administration" be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-119.
102743 - Anders/Mollenhoff
that communication from Traffic Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Langman Construction, Inc. in
conjunction with Relocated Westfield Avenue Area Improvements, Contract No. 419, be
received, placed on file and "Resolution approving said document", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-120.
102744 - Collier/Anders
that communication from Traffic Engineer transmitting Maintenance Bond from Langman
Construction, Inc. in conjunction with Relocated Westfield Avenue Area Improvements,
Contract No. 419, be received, placed on file and approved. Ayes: Seven. Motion
carried.
RESOLUTIONS TO BE ADOPTED
102745 - Krizek/Murphy
that "Resolution setting date of public hearing as April 25, 1994, at 7:00 p.m. in
the City Hall Council Chambers to consider an application to the Department of
Housing and Urban Development for 35 units of Section 8 Housing Vouchers Set -Aside
for Homeless Persons With Disabilities", be adopted and Acting Clerk/Auditor
instructed to publish notice of same. Ayes: Seven,
Resolution adopted and upon approval by Mayor assigned No. 1994-121.
102746 - Mollenhoff/Krizek
that communication from Traffic Engineer requesting temporary placement of stop signs
on Sullivan Avenue and Martha Street at Bertch Avenue, and on Bertch Avenue at Bayard
Street in conjunction with Sixth Street Extension (West) Project, be received, placed
on file and "Resolution approving said temporary stop signs", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-122.
BILLS PAYMENT
102747 - Krizek
that "Resolution approving Schedule A918, pp. 1-37, in the amount of $977,766.89,
dated April 4, 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. 1994-123.
April 4, 1994
NEW BUSINESS
102748 - Krizek/Jordan
Page 4
that communication from Building Official transmitting recommendation of award of
contract for entrances and doors at City Hall to Magee Construction in the amount of
$15,595.00; for Five Sullivan Brothers Convention Center to Kidder Construction in
the amount of $13,399.00; for Recreation Center to Kidder Construction in the amount
of $15,584.00 in conjunction with ADA Improvements for City Hall, Five Sullivan
Brothers Convention Center, Recreation and Library, be deferred for one week. Ayes:
Seven. Motion carried.
102749 - Mollenhoff/Krizek
that communication from Superintendent of Traffic Operations transmitting request
from Lockard Development to remove the no parking zone on the north side of
University Avenue access road between the Holiday Station intersection and Sheerer
Avenue; request from residents to review parking on Wyoming Street between Franklin
Street and Lafayette Street and on Marsh Street between Peoria Street and West 2nd
Street; request to review visibility on Mitchell Avenue at Ohio Street, be received,
placed on file and approved and City Attorney instructed to prepare an ordinance for
Council approval. Ayes: Seven. Motion carried.
102750 - Krizek/Anders
to instruct Fire Chief to prepare plans, specifications, form of contract, etc. for
F.Y. 1994 Fire Station #4 Hose Tower Removal and Roof Replacement, be received,
placed on file and approved. Ayes: Seven. Motion carried.
102751 - Jordan/Collier
that plans, specifications, form of contract, etc. for F.Y. 1994 Fire Station #4 Hose
Tower Removal and Roof Replacement, be received, placed on file and approved. Ayes:
Seven. Motion carried.
102752 - Anders/Mollenhoff
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. for the F.Y. 1994 Fire Station #4 Hose Tower Removal and Roof Replacement", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-124.
102753 - Getty/Jordan
that "Resolution setting date of hearing on plans, specifications, form of contract,
etc., and taking of bids as April 25, 1994, at 7:00 p.m. in the City Hall Council
Chambers on the above project", be adopted and Acting Clerk/Auditor instructed to
publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-125.
Travel Requests
102754 - Krizek/Murphy
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Bob Donels, Senior Planner, to attend Planning and Zoning for Community Land Use
Management seminar in Madison, Wisconsin on May 4-6, 1994, with costs not to
exceed $418.00, including the use of city vehicle.
2. David Taylor, Police Officer/Canine Handler, to attend canine/police dog training
in Elkhart, Indiana on April 11-22, 1994, with costs not to exceed $835.50,
including the use of city vehicle.
3. Rick Gesie, Fire Engineer, to attend Hazardous Materials Operations Site Practices
course in Emmitsburg, Maryland on April 25 -May 6, 1994, with costs not to exceed
$177.12.
Ayes: Seven. Motion carried.
MISCELLANEOUS
102755 - Mollenhoff/Collier
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
D.T.S., Inc. dba Omni Concessions, 850 Park Road (New) (6 months --4/5/94 -
10/4/94) (Includes Sunday Sales)
April 4, 1994 Page 5
Miscellaneous - continued
2. Beer License Permit Application
Class C
Holiday Station Store, 3260 University Avenue (Renewal) (Expires 4/20/95)
(Includes Sunday Sales)
Wareco System, 1008 LaPorte Road (Renewal) (Expires 4/20/95) (Includes Sunday
Sales)
3. Beer/Liquor License Permit Application
Class C
Golden China, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/95) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
BONDS
102756 - Anders/Mollenhoff
that the report of the City Attorney and list of bonds filed with the Clerk/Auditor
through April 4, 1994, be received, placed on file and report and bonds approved.
Ayes: Seven. Motion carried.
102757 - Getty/Krizek
that the award of contract for the F.Y. 1994 Concrete and Structure Repair Program,
Contract No. 468, be tabled for one week (see CR 102728 for bid opening). Ayes:
Seven. Motion carried.
102758 - Mollenhoff/Jordan
that "Resolution authorizing award of contract to Mike Dolan Concrete & Masonry of
Waterloo, Iowa, in the amount of $80,799.97 for F.Y. 1994 Sidewalk Repair Program -
Zone 6, Contract No. 466", be adopted.- Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-126.
102759 Discussion was heard on open burning of yard waste.
Councilperson Getty stated he had received several calls on having a period of open
burning of yard waste. He suggested a two month "window" per year, one in the spring
and one in the fall, in which to burn yard waste. He said there are a lot of pros
and cons for open burning. There are people who have respiratory problems, and he
respects that.
Councilperson Jordan stated he really feels that we should not burn. We should look
at alternatives such as volunteers or open the drop-off site for a longer period of
time. His biggest concern is he has a hard time supporting something that would put
another burden on our Fire Department.
Councilperson Murphy agrees with Councilperson Jordan on looking into alternatives
to open burning. The people he has visited with are basically concerned with getting
rid of the yard waste and would accept an alternative to burning.
Councilperson Krizek feels that working together with other people and organizations,
we can come up with an alternative plan that maybe the Homeland Volunteers can do
this year, and next year some funding may be found for part of it.
Councilperson Mollenhoff stated this is just further government regulation on what
you cannot do. He disagrees with previous administrations' decisions to interfere
in the personal freedom of city residents by enacting the ban on burning yard waste.
He feels the yard waste bags, which retail for $1.25 or more, are just another form
of taxation. The people who do not want the burning tend to be the most vocal, but
they do not represent the will of the majority of the community.
Councilperson Collier stated he knows of a young group of people on the East Side who
are willing to go around and help clean up property for the elderly. It is a
facelift, and we need that for Waterloo.
Mayor Rooff stated most calls to his office on the burning issue come from residents
in favor of burning yard waste. The Black Hawk County Health Department has sent a
letter asking the city to not burn and to maintain the ordinance as it currently
stands. He stated he had also received a letter from the Solid Waste Commission
asking the city to not change the present ordinance. He said Cedar Falls and
Evansdale both have open burning, and he feels the people he has spoken with want to
have the opportunity to burn because they cannot afford the luxury of buying bags or
having someone clean up their yards. Mayor Rooff said the council will discuss other
options of handling yard waste, including volunteer efforts or extending hours at the
yard waste dump, on Thursday, April 7, 1994.
Ron Lepsch, 467 Devonshire, who has a susceptibility to the irritating effects of
leaf smoke stated leaf burning does irritate our lungs. He said one in six residents
in our community are susceptible to leaf burning. He had pamphlets from the American
Lung Association and the American Cancer Society detailing the health risks of urban
leaf burning.
April 4, 1994 Page 6
Elaine Jaquith, 810 Cornwall, who suffers from chemical sensitivity, said leaf
burning is life threatening to her. She wanted to know if it is more important to
burn at the risk of killing a neighbor. She wanted to know why can't we help one
another. She and her husband would be willing to pick up leaves for the elderly and
haul them away, and she is sure the scouts would also get involved in a community
effort. She would plead that the city come up with an alternative to burning.
Jim Knavel, 1432 Vine, stated he was in favor of burning. He said people who thought
the air was clean last year probably don't realize there was open burning for 2%
months last year because someone torched the yard waste drop-off site.
Steve Hasenour, 904 Hammond, stated he has never been an advocate of leave burning
because he feels there are more intelligent ways of handling the yard waste. Such
methods include mulching or composting. He argued that sticks and twigs could and
should be burned because they do not create smoke like burning of leaves, and they
do not compost easily.
Pierre Denault, 205 Lovejoy, stated he was concerned about the health hazard of leaf
burning and the possibility of a careless homeowner burning down a house or a
neighborhood. He wondered if the city would be willing to take the responsibility
to play with the health of people and the risks of fires being out of control.
Roger Fulcher, 1150 Rainbow, stated he has problems with taking care of leaves
because his yard is about an acre and a half and full of oaks and maples. He said
he took two truck loads to the drop-off site last year and could easily have had
fourteen more loads that he did not get done, and they are still on the ground. He
said he would prefer not to burn and it would be nice if we had another alternative.
He knows composting does not work and its labor intensive and so far the City or the
county cannot afford to do it.
Mary Dickens, 154 Sherman and Chairman of the Gates Park Neighborhood Organization,
said it does not bother her to burn because of her health but what about others. She
said we have to help one another, think about loving one another and caring about
what happens to the next person.
ORAL PRESENTATIONS
102760 - David Lang, 1231 Easton Avenue, said he was questioning why he has to repair his
sidewalk. He has a corner lot at Easton and Hammond Avenues, and his is the only
sidewalk on the Hammond side. Don Temeyer, City Planner, stated they could take a
look at the sidewalk to see if there is a potential to vacate the sidewalk on
Hammond. If this were done, instead of fixing it, it could be removed. Mayor Rooff
asked Mr. Temeyer to investigate the matter and get back to him by the end of the
week.
Bob Sieglaff, 914 West 3rd Street, wanted to know the law in regard to a semi -truck
in a residential area. City Attorney Jim Walsh stated you cannot park a semi -truck
in a residential neighborhood overnight. Mr. Sieglaff said he has called the police
several times in the past on a vehicle that is doing this with the truck left running
all night, thereby polluting the neighborhood. He stated the Police Chief could not
cite the vehicle because the area is not posted up and down the street. Mayor Rooff
suggested Mr. Sieglaff get together with the Police Chief and City Attorney after the
meeting to discuss this matter.
Collier/Getty
that the above oral comments be received, placed on file and the Council adjourn at
8:54 p.m. Ayes: Seven. Motion carried.
Tom Campbell
Acting Clerk/Auditor