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HomeMy WebLinkAbout12/07/95December 4, 1995 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, November 27, 1995. Mayor Pro Tem Jerry Anders in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend Lyle Greiner, Allen Hospital Pastoral Care Pledge of Allegiance: Tim Shea, Superintendent of Water Recognition of Week: K J & Kompany, Keith Blum, Owner 105866 Mollenhoff/Jordan that the Agenda, Pollution/Flood Control as amended, for the Regular Session on Monday, December 4, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. 105867 - Jordan/Murphy that the Minutes, Motion carried. as proposed, for the Regular Session on Monday, November 27, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Presentation by Mark Miller, President of the Waterloo Noon Exchange Club, of the donation of $843.50 to the Waterloo Fire Rescue "Learn Not to Burn" Program. Mayor Pro Tem Anders recognized David Twiggs for informing the city of potential environmental damage. HEARINGS 105868 - Murphy/Jordan that proof of publication of notice of public hearing on updating telephone equipment, including voice mail, in city buildings, as published in the Waterloo Courier on November 28, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105869 HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Jay Armstrong, 2028 Tilbury Rd, asked when this item was put out to bid. Administrative Director Bob Stevenson reported that it was not placed for bid due to the time constraints involved. A letter has been received from the City Attorney stating that this is an appropriate manner in which to proceed with the purchase. The last time a new phone system was purchased in 1981, the purchase was not competitively bid. Stevenson reported that the initial process for the purchase started in July however the police and fire departments timeline for consolidated dispatch necessitated that a new system be purchased faster than had originally been intended. Mr. Armstrong asked if this was the same process used for the phone maintenance agreement that was bid a year ago? Stevenson reported that the maintenance agreement was bid but not awarded as the administration decided to examine one year of service calls to compare the price of paying for service versus paying a maintenance agreement. Armstrong stated that multiple companies from the local area can provide voice mail and equipment service. Armstrong runs New Century Communications and could handle the new communications system. He has been in business in Waterloo for seven years but has over twenty years of experience in the communications industry. Ken Wagenhofer, 1726 Dakota Dr and representing MTC, stated his regret that the City isn't looking at any other competitors. He stated that it is very unusual for both private and public concerns not to compare prices. He stated that the proposal before the council doesn't represent a very thorough examination of the system. Councilperson Murphy asked Mr. Wagenhofer for a timeframe in which MTC could provide installation. Wagenhofer stated that he could provide an answer within one or two days. MTC would like an opportunity to prepare a proposal for consideration. Councilperson Collier asked what kind of maintenance does MTC offer. Wagenhofer reported that they sell major brands of communications equipment. Councilperson Jordan informed the other members of the council that he cannot support this purchase unless the City seeks competitive bids. Jordan/Murphy that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 105870 Anders/Krizek that "Resolution approving updating of said telephone equipment", be adopted and the Administrative director be authorized to proceed with said purchase. Jordan/Murphy that the above item be tabled for one week. December 4, 1995 Page 2 Hearings - continued Prior to a vote on the above motion, Getty asked if this would delay the police and fire departments' connection to the dispatch center. Stevenson reported that the deadlines in January would not be met if the approval to proceed is delayed. With no further discussion a vote was taken on the above motion to table the item for one week with the following result: Ayes: Four. Nays: Anders, Getty, Krizek. Motion carried. Councilperson Mollenhoff recommended that staff prepare an RFP and publish notice for seeking of bids immediately. PETITIONS FROM PUBLIC 105871 - Mollenhoff/Murphy that communication from City Planner transmitting request of Corkery Waste Disposal, Inc. to vacate, sell and convey the platted street right-of-way known as Dunham Place, southerly of Water Street and west of Nevada Street for $1,800, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 18, 1995 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 Pro Tem assigned No. 1995-716. 105872 - Getty/Jordan that communication from City Planner transmitting request of Horizon Investment & Development Corp. to rezone from "R-3" and "R-4" Multiple Family Residence District to "R-3" Multiple Family Residence District/"C-Z" Conditional Zoning two parcels of property generally located on the south side of the intersection of Rachel Street and Pheasant Lane, approximately 225 feet west of the Kimball Avenue frontage road, containing approximately 4 acres, to develop for apartments for independent senior citizens, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 18, 1995 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 Pro Tem assigned No. 1995-717. 105873 - Murphy/Jordan that communication from City Planner transmitting request of Mercy Housing of Iowa, L.P. to rezone from "R-2" One & Two Family Residence District to "R-3" Multiple Family Residence District three parcels of property generally located at the southeast corner of the intersection of Shilliam and Halstead containing 5 lots; the northeast corner of the intersection of Bates and Merriman Streets containing 3 lots; and property located between Willow and Albany Streets, east of Mobile Streets, including portions of Shilliam Avenue and Ash Street, containing approximately 2.5 acres, to develop affordable housing for low and medium income families, including elderly persons, in townhouse type structures, be received, placed on file and "Resolution setting date of hearing as December 18, 1995 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 Pro Tem assigned No. 1995-718. 105974 - Jordan/Murphy that communication from City Planner transmitting request of Earl Baugh for a "R-4" Multiple Family Residence District/"C-Z" Conditional Zoning site plan amendment for property located at 3600 Kimball Avenue to allow for construction of two (2) 60' x 100' buildings, for a video store, a dry cleaning drop-off and pick-up store, and other rental spaces, be received, placed on file and "Resolution setting date of hearing as December 18, 1995 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 Pro Tem assigned No. 1995-719. DOCUMENTS 105875 - Mollenhoff/Jordan that communication from City Planner transmitting Change Order or Extra Work Order No. 17 for a net increase of $24,600.00 and No. 18 for a net increase of $38,192.65 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with Shaulis Road Reconstruction, M-6470(5)--81-07, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. December 4, 1995 Documents - continued 105876 - Murphy/Collier Page 3 that communication from Associate Engineer transmitting Change Order No. 4 for a net increase in the amount of $58,120.89 for work performed by Suckow Concrete Construction, Inc. of Hazleton, Iowa in conjunction with F.Y. 1995 Sidewalk Repair Program - Zone 7, Contract No. 482, be received, placed on file and approved and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Mollenhoff asked for an explanation of the need for such a large change order to the program. City Engineer Eric Thorson reported that this pertains to this year's sidewalk repair program which covers zone seven of the City which is primarily the area in Ward Four. Many city -owned properties are in zone seven, including areas around City Hall and the Rath property. The cost to repair these city -owned areas are the basis for the change order. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 105877 - Getty/Anders that "Resolution approving acquisition contract payments and accepting the deeds for Parcel No. 53 (Larry Larson) in the amount of $38,000.00, with estimated relocation costs of $20,601.00 and Parcel No. 54 (Ross Juhl) in the amount of $15,000.00, with estimated relocation costs of $13,731.00 in conjunction with Sherwood Park Voluntary Acquisition, Phase III", be adopted. Prior to a vote on the above motion, the following comments were heard. Mollenhoff asked if the project would be completed after the purchase of these three properties. City Planner Don Temeyer reported that it would not be completed as there are still three parcels left requesting buyout in Phase III. Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Nays: Jordan. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-720. 105878 - Jordan/Murphy that "Resolution authorizing amendment to B-94 Statement of Objectives and projected use of funds for supplemental appropriation for disaster recovery to allow for completion of Phase III of Sherwood Park buy out program and storm sewer improvements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-721. BILLS PAYMENT 105879 - Krizek that "Resolution approving Schedule AP640, pp. 1-55 dated December 4, 1995 in the amount of $800,183.49, a copy of which is on file in the City Clerk's office", be adopted, with Councilperson Mollenhoff abstaining on Voucher 16675. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-722. NEW BUSINESS 105880 - Murphy/Jordan that communication from City Planner transmitting proposed amendment to the Zoning Ordinance as it pertains to site plan review in the "S-1" Shopping Center District to allow approval through the administrative review of the Planning, Programming and Zoning staff a store addition which does not increase the existing floor area by more than ten percent or 5,000 square feet, whichever is greater, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 18, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-723. Travel Requests 105881 - Mollenhoff/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: December 4, 1995 Page 4 Travel Requests - continued 1. Todd Derifield, Forestry Coordinator, to attend Midwestern Chapter of the International Society of Arboriculture's Annual Conference in Des Moines, Iowa on January 16-19, 1996, with costs not to exceed $350.00, including the use of city vehicle. 2. Two Fire Instructors to teach IBP class 1995, with costs not to exceed $1,420, 3. Two Fire Instructors to teach IBP class 1995, with costs not to exceed $1,420, Ayes: Seven. Motion carried. MISCELLANEOUS 105882 - Murphy/Jordan at Lexington, Kansas on December 11-13, with all costs to be reimbursed. at Lexington, Kansas on December 14-16, with all costs to be reimbursed. 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 an outdoor service and applications for cigarette permit applications be received, placed on file and approved: 1. Beer License Permit Application Class C Petro -N -Provision, 1615 Bishop Street (Renewal) (Expires 12/25/96) (Includes Sunday Sales) Bishops Corner, 700 Bishop Avenue (Renewal) (Expires 12/23/96) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Village Lounge, 709 Jefferson Street (Renewal) (Expires 12/21/96) (Includes Sunday Sales) Fitzgerald's Grill & Pub, 360 E. Ridgeway (Renewal) (Expires 12/9/96) (Includes Sunday Sales) Disco Macho Night Club, 118 E. llth Street (New) (Expires 10/19/96) (Includes Sunday Sales), subject to owner complying with a letter from Lou Cutwright, Building Official, with a list of items that must be completed and inspected prior to release of liquor license or the building being occupied. Application for an Outdoor Service Area Village Lounge, 709 Jefferson Street from April 1996 to October 1996 Cigarette License Application Osco Drug, 2068 Logan Avenue Holiday Station Store, 1604 LaPorte Road BJ's Bar & Billiards, 110 Ida Street Ayes: Seven. Motion carried. ORAL PRESENTATIONS 105883 - Forest Dillavou, 1725 Huntington Rd, reminded the council that since it seems there will be disaster funds available for storm sewer improvements the Garden Avenue area is in dire need and should be considered. Getty/Mollenhoff that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 105884 - Mollenhoff/Jordan that the Council adjourn at 7:47 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk Council Work Session December 4, 1995 Page 2 to 8:00 a.m. to 11:00 p.m. Jim Lawrence, Waterloo Chamber of Commerce, reported that the Chamber has worked with the association to assist in establishing these routes and he feels that established routes will help to limit the renegade riders. Chairperson Anders polled the members about permitting underage drivers with oral or written parental approval. The following members would require written permission of parental approval: Jordan, Mollenhoff, Getty, Anders, Collier. Murphy would approve following of state law. Staff was directed to prepare the ordinance with the proposed routes as outlined by the snowmobile association, prohibiting riding between the times of 11:00 p.m. and 8:00 a.m. and requiring written parental permission for drivers between the ages of twelve and fifteen. Councilperson Mollenhoff requested that a letter of agreement be prepared by the snowmobiling association which details the education program and provisions for signage. With no further discussion on this matter it was moved by Mollenhoff, seconded by Jordan to adjourn the meeting at 5:55 p.m. Ayes: Six. Absent: Krizek. Motion carried. Susan Fangman City Clerk City Council Work Session December 4, 1995 5:45 p.m. Large Conference Room Members present: Chairperson Anders, Jordan, Collier, Getty, Mollenhoff, Murphy, Krizek It was moved by Collier, seconded by Mollenhoff to approve the agenda as proposed. Ayes: Seven. Motion carried. Administrative Director Bob Stevenson reviewed the final draft of the FY 96 Capital Equipment program. The program calls for the city to spend approximately $1,500,000 on capital equipment replacement. A list of the items to be purchased was reviewed. The funds to purchase a new phone system have been added to this equipment program. Currently, $654,000 has been budgeted for the purchases and the remaining $850,000 will need to be financed. The total program cost is $100,000 less than last year's and conforms to the second year plan of the five-year replacement program. Staff was directed to place the Capital Equipment program on the council agenda for formal action. With no further discussion on this matter it was moved by Collier, seconded by Jordan to adjourn the meeting at 6:03 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk City Council Work Session December 4, 1995 5:15 p.m. Large Conference Room Members present: Chairperson Anders, Jordan, Collier, Getty, Mollenhoff, Murphy Members absent: Krizek It was moved by Murphy, seconded by Collier to approve the agenda as proposed. Ayes: Six. Absent: Krizek. Motion carried. Police Chief Koehrsen introduced the changes to be considered as requested by the snowmobiling association for the ordinance. The snowmobiling association has acquired permission by private property owners to get access into the city limits to supplement the routes proposed on public property. The council is being asked to approve the following routes: The ditches along Highway 63 from the south city limits to Ridgeway Avenue. The ditches along Highway 218 from the east city limits to the station store near the mobile home park. The ditches along north Elk Run Road to the south city limits. Along the south side of Broadway Street, west from Wagner Road to Cedar Bend. Wagner Road from the north city limits to Broadway Street. A crossing at Highway 63 north and Airline Highway then west on Airline Highway six blocks to a trail on private property. Snowmobilers will be using private property and culverts to prevent the need to cross either Broadway Street or Airline Highway to gain access to George Wyth State Park. The snowmobiling associations also request that snowmobiling be allowed during the hours of 7:00 a.m. to midnight. Many snowmobilers work during the day so the proposed 5:00 p.m. time limit would effectively ban snowmobiling during the week for many people. Dick Backes, owner of the Park Inn International, stated his support for the ordinance changes proposed by the snowmobiling association and requested that the council consider expanding the hours through 11:00 p.m. The final change proposed by the association would allow twelve to fifteen year olds to operate a sled, with oral permission from a parent or guardian, and with an adult on an accompanying sled. Chief Koehrsen stated his opposition to expanding the hours for operation. He also has concerns about the proximity of the route along Broadway Street to the Greenbelt and closeness of residences to many of the routes. Councilperson Mollenhoff informed the council that he discussed the plan with Dick Melick and requested that the snowmobiling association provide a plan for public education on safety, parental notification and established routes. Councilperson Jordan explained that he can't support any change in hours and doesn't support allowing entry through Wagner Road or Broadway Street. Councilperson Murphy expressed that he has no problem with the routes as proposed but he doesn't support allowing any riding after 10:00 p.m.. He feels that the administration needs to give the rights back to the citizens in this matter. Councilperson Collier agreed with Murphy about the routes being alright but a time limit needs to be established. Getty stated that he has no problem with the routes or time frame requested, he noted that if the council receives any complaints the snowmobile ordinance would be treated as an "abuse it and lose it" privilege. Councilperson Mollenhoff would support the prohibiting of snowmobiling after 11:00 p.m. but he has no problem with the routes. Anders reported that he has been lobbied to allow entry to the Kwik Trip on Cedar Bend but he recommends the time be limited