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HomeMy WebLinkAbout06/26/95June 26, 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, June 26, 1995. Mayor Pro Tem Jerry Anders in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier. Absent: Mollenhoff. Invocation by: Reverend Richard Achey, Ridgeway Bethel Baptist Church Pledge of Allegiance: Councilperson John Murphy Recognition of Week: Garris-Miehe Realtors, Ron Garris and Fred Miehe 105017 - Getty/Murphy that the Agenda, as amended, for the Regular Session on Monday, June 26, 1995, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. 105018 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, June 19, 1995, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. Mayor Pro Tem Jerry Anders presented a Certificate of Recognition to the Black Hawk County Health Department for being named "1995 Health Department of the Year" by the Iowa Environmental Health Association. HEARINGS AND BIDS 105019 - Collier/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. 1995 Mobile Street Paving Program, Contract No. 483, as published in the Waterloo Courier on June 9, 1995, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105020 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Getty/Murphy that the hearing be closed. Ayes: Six. Absent: Mollenhoff. Motion carried. 105021 - Jordan/Krizek that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-382. 105022 - Murphy/Collier that "Resolution ordering construction on the above described project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-383. 105023 - Krizek/Collier to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review and approval (award of contract delayed): Bidder Bid Bond Bid Amount Cedar Valley Corporation, Waterloo, IA 5% $123,473.00 Concrete Foundations, Inc., Waterloo, IA 5% $132,477.00 Cunningham Co., Inc., Cedar Falls, IA 55k $126,113.50 Ayes: Six. Absent: Mollenhoff. Motion carried. 105024 - Murphy/Jordan that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for F.Y. 1995 Asphalt Overlay Program, Contract No. 474, as published in the Waterloo Courier on June 9, 1995, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105025 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Collier/Jordan that the hearing be closed. Ayes: Six. Absent: Mollenhoff. Motion carried. June 26, 1995 Hearings and Bids - continued 105026 - Jordan/Collier Page 2 that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-384. 105027 - Collier/Jordan that "Resolution ordering construction on the above described project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-385. 105028 - Krizek/Murphy to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review and approval (award of contract delayed): Bidder Aspro, Inc. & Subsidiaries, Waterloo, IA Bid Bond Bid Amount 5% $1,726,881.40 Ayes: Six. Absent: Mollenhoff. Motion carried. 105029 - Murphy/Jordan that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for F.Y. 1995 Paving Project for Hazardous Material Regional Training Center, as published in the Waterloo Courier on June 14, 1995, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105030 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Krizek/Collier that the hearing be closed. Ayes: Six. Absent: Mollenhoff. Motion carried. 105031 - Jordan/Murphy that "Resolution confirming the approval of the plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-386. 105032 - Krizek/Collier that "Resolution ordering construction of the above described project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-387. 105033 - Collier/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review (award of contract delayed): Bidder Bid Bond Bid Amount Cedar Valley Corporation, Waterloo, IA 5% $139,500.00 Christone Concrete & Const., Waterloo, IA 5% $109,600.00 Cunningham Construction, Cedar Falls, IA 5% $121,750.00 Rampart Corporation, Waterloo, IA 55k $103,900.00 Ayes: Six. Absent: Mollenhoff. Motion carried. 105034 - Krizek/Collier that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. for F.Y. 1995 Downtown Signal Pole Painting, Contract No. 490, as published in the Waterloo Courier on June 16, 1995, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105035 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Collier/Murphy that the hearing be closed. Ayes: Six. Absent: Mollenhoff. Motion carried. June 26, 1995 Hearings and Bids - continued 105036 - Krizek/Jordan Page 3 that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-388. 105037 - Jordan/Murphy that "Resolution authorizing to proceed on the above described project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-389. 105038 - Murphy/Collier that the opening of bids for the F.Y. 1995 Downtown Signal Pole Painting, Contract No. 490, be deferred to the July 10, 1995 council meeting. Ayes: Six. Absent: Mollenhoff. Motion carried. HEARINGS 105039 - Krizek/Jordan that proof of publication of notice of public hearing on request of V.G.M., Inc. to rezone from "A-1" Agricultural District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located at the southwest corner of San Marnan Drive and Ansborough Avenue for the purpose of building an office and commercial complex, as published in the Waterloo Courier on June 14, 1995, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105040 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bill Rickert, 1882 Audubon Drive, spoke on behalf of residents in Audubon Park with regard to this rezoning. He is in favor of any economic development effort but is concerned with any commercial development near a residential area without any natural barrier. He is opposed to spot zoning and would like the council to consider the effects on the nearby residences. Pierre Denault, 205 Lovejoy, asked why a business located in the core of the business district would be allowed to develop outside the downtown area. This shows lack of a long term development plan and asks for the reconsideration of the rezoning request. Marlin Zevenbergen, 1772 Dakota Dr, reported that there is a natural barrier between Audubon Park and the commercial site. He informed the council that the company considered many sites including some in Cedar Rapids and after careful consideration this was chosen as the best site. He supported the passing of the ordinance for rezoning. Bill Rickert, 1882 Audubon Drive, explained that he appreciated the efforts of Van Miller and supports this project except he is concerned that the spot commercial zoning will be extended to other developers. Getty/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105041 - Collier/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 67 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Mollenhoff. Motion carried. 105042 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Mollenhoff. Motion carried. 105043 - Jordan/Collier 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: Six. Absent: Mollenhoff. Motion carried. June 26, 1995 Page 4 Hearings - continued 105044 - Collier/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 67 to Section 2A -7N, Conditional Zoning Certain Property", be adopted. Ayes: Six. Absent: Mollenhoff. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4102. PETITIONS FROM PUBLIC 105045 - Krizek/Murphy that communication from City Engineer transmitting request of Ron Selleck, Manager of Tractor Supply Company for a waiver for a concrete driveway to be located at 4040 University Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-390. 105046 - Krizek/Murphy that communication from City Engineer transmitting request of Vicki Hoffman for a waiver for a concrete driveway to be located at 4073 Suburban Drive, together, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-391. 105047 - Krizek/Murphy that communication from City Engineer transmitting request of Roberta Vest for a waiver for an asphalt driveway to be located at 716 Dundee Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-392. 105048 - Krizek/Murphy that communication from City Engineer transmitting request of Eldon Hoeppner for a waiver for an asphalt driveway to be located at 722 Dundee Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-393. DOCUMENTS 105049 - Krizek/Collier that communication from City Clerk transmitting recommendation of award of contract to St. Paul Fire & Marine for general liability, auto liability and umbrella insurance, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-394. 105050 - Krizek/Murphy that communication from City Clerk transmitting Stop Loss Agreement with Blue Cross Blue Shield of Iowa for Fiscal Year 1996, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-395. 105051 - Jordan/Collier that communication from City Clerk transmitting renewal contract with Delta Dental of Iowa for Fiscal Year 1996, together with recommendation of approval, be received, placed on file and "Resolution approving renewal of said contract", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-396. 105052 - Murphy/Jordan that communication from City Engineer transmitting Construction Plans storm sewer for the Home Depot - Crossroads for traffic related together with recommendation of approval, be received, placed "Resolution approving said construction plans", be adopted. Ayes: Mollenhoff. for paving and improvements, on file and Six. Absent: Resolution adopted -.end upon approval by Mayor Pro Tse assigned No. 1995-397. June 26, 1995 RESOLUTIONS TO BE ADOPTED 105053 - Murphy/Collier Page 5 that "Resolution authorizing certification against property taxes certain unpaid garbage and sewer fees", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-398. 105054 - Jordan/Murphy that "Resolution accepting and approving Quit Claim Deed from Black Hawk County for property located at 821-829 Franklin Street", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-399. 105055 - Collier/Jordan that "Resolution allowing two-way traffic on Lafayette Street from East 4th Street to the alley east of the East Park Avenue ramp", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-400. 105056 - Krizek/Murphy that "Resolution amending resolution as passed and approved on June 12, 1995 authorizing the issuance of $4,000,000 Taxable Sewer Revenue Bonds of the City of Waterloo, Iowa and providing for a method of payment of said bonds", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-401. 105057 - Krizek/Collier that the Tax Exemption Form for $7,200,000 General Obligation Bonds be received, placed on file and approved and Finance Manager authorized to execute same. Ayes: Six. Absent: Mollenhoff. Motion carried. 105058 - Murphy/Jordan that "Resolution authorizing and providing for the issuance of $7,200,000 General Obligation Bonds and levying a tax to pay said bonds", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-402. 105059 - Getty/Krizek that "Resolution transferring the following: from the General Fund the sum of $40,545.00 to the Debt Service Fund to reimburse debt payments scheduled for waterslides construction; from the Tax Increment Financing Fund the sum of $52,430.06 to the Debt Service Fund to abate General Obligation debt payment; from the Project Engineering Fund #452 the sum of $93,056.25 to the Debt Service Fund to reimburse debt payment scheduled for Energy Efficiency Loan Program; from the Trust and Agency Fund the sum of $966,197.73 to the General Fund and $127,035.32 to the Road Use Tax Fund for City's share of Insurance, FICA and IPERS; from the Motor Vehicle Parking Fund the sum of $148,824.00 to the General Fund to reimburse motor vehicle parking functions within the General Fund; from the Street Reconstruction Program Fund the sum of $110,000.00 to the General Fund for engineering services performed for street reconstruction; from the Road Use Tax Fund the sum of $193,366.00 to the Debt Service Fund to reimburse debt payment scheduled for annual vehicle replacement program; from the Sanitation Fund the sum of $84,378.00 to the Debt Service Fund to reimburse for scheduled debt payment for annual vehicle replacement program", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-403. 105060 - Murphy/Jordan that "Resolution transferring from the fund equity of Rath Economic Development Fund #552 the sum of $985,196.65 to the General Fund in a designated reserve restricted for economic development purposes and accounting for all future transactions within this General Fund designated account", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-404. June 26, 1995 ORDINANCES TO BE ADOPTED 105061 - Jordan/Collier Page 6 that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 11, Electricity, and the Waterloo Electrical Code (Ordinance No. 2071, as amended), in their entirety; and enacting in lieu thereof a new Chapter 11, Electrical Code", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Mollenhoff. Motion carried. 105062 - Getty/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 11, Electricity, and the Waterloo Electrical Code (Ordinance No. 2071, as amended), in their entirety; and enacting in lieu thereof a new Chapter 11, Electrical Code", be adopted. Ayes: Six. Absent: Mollenhoff. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4103. BILLS PAYMENT 105063 - Krizek that "Resolution approving Schedule Edit Listings, pp. 1-15 dated June 26, 1995, in the amount of $971,594.09, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-405. NEW BUSINESS 105064 - Krizek/Collier to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 1995 Martin Luther King Jr. Drive - Phase II, Contract No. 472, be received, placed on file and approved. Ayes: Six. Absent: Mollenhoff. Motion carried. 105065 - Murphy/Jordan that plans, specifications, form of contract, etc. in conjunction with F.Y. 1995 Martin Luther King Jr. Drive - Phase II, Contract No. 472, be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. 105066 - Krizek/Collier that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-406. 105067 - Jordan/Collier that "Resolution setting date of hearing on plans, specifications, etc. as July 10, 1995 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: Six. Absent: Mollenhoff. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1995-407. Travel Requests 105068 - Getty/Jordan that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Larry McKinney, Fire Training Officer, to attend National Emergency Training Center in Emmitsburg, Maryland, on July 10-21, 1995, with expenses not to exceed $177.00. Ayes: Six. Absent: Mollenhoff. Motion carried. MISCELLANEOUS 105069 - Krizek/Jordan 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 applications for fireworks display and outdoor beer garden be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo/Cedar Falls Jaycees, Waterloo Municipal Airport --1 day event on 7/4/95 June 26, 1995 Page 7 Miscellaneous - continued 2. Beer License Permit Application Class C Kwik Trip, 1636 West 4th Street (Renewal) (Expires 6/29/96) (Includes Sunday Sales) Kwik Star, 1105 Cedar Bend (Renewal) (Expires 7/21/96) (Includes Sunday Sales) Kwik Star, 1214 Franklin Street (Expires 7/21/96) (Includes Sunday Sales) Kwik Star, 707 Broadway (Expires 7/21/96) (Includes Sunday Sales) 3. Beer License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (New Owner) (Expires 7/1/96) (Includes Sunday Sales) 4. Beer/Liquor License Permit Application Class C Maple Lanes, 2608 University Avenue (Renewal) (Expires 7/10/96) (Includes Sunday Sales) Elks Club, 407 East Park Avenue (Renewal) (Expires 6/30/96) (Includes Sunday Sales) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/96) (Includes Sunday Sales) Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/96) (Includes Sunday Sales) 5. Liquor License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (New Owner) (Expires 7/1/96) (Includes Sunday Sales) Application for Fireworks Display Waterloo/Cedar Falls Jaycees, July 4, 1995 Application for Outdoor Beer Garden Waterloo/Cedar Falls Jaycees, Waterloo Municipal Airport --July 4, 1995 Ayes: Six. Absent: Mollenhoff. Motion carried. BONDS 105070 - Jordan/Collier that the report of the City Attorney and list of bonds filed with the City Clerk through June 26, 1995, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Mollenhoff. Motion carried. ORAL PRESENTATIONS 105071 - Robert Sieglaff, 914 W. Third Street, has been trying to contact the Mayor and Council about the street construction on Third Street. He stated that with the City using the brick to pay for improving the downtown area he couldn't understand why the contract for Third Street would be for an asphalt base rather than concrete. City Engineer Eric Thorson explained that the contract was let with equivalent sections with approximately equal lifespans for either concrete or asphalt and the low bid was an asphalt base. Mr. Sieglaff asked why parking lots would be allowed to install white street light bulbs and the City would continue to use the yellow fixtures. Traffic Operations Superintendent Mike Mrzlak reported that the State Commerce Commission requires energy efficient street lights be installed and the City is complying with that order. Mr. Sieglaff also reported problems with vehicles blocking sidewalks at the corners of Third Street and Western Ave, Third Street and Baltimore, and Second Street and Allen. The police department doesn't seem to be enforcing no parking in this area and he requests additional attention to the problem. Pierre Denault, 205 Lovejoy, entered into the record a letter written by him to Mayor Rooff and the Mayor's letter in response. Getty/Collier that the above oral comments be received and placed on file. Ayes: Six. Absent: Mollenhoff. Motion carried. ADJOURNMENT 105072 - Collier/Jordan that the Council adjourn at 8:05 p.m. Ayes: Six. Absent: Mollenhoff. Motion carried. Susan Fangman City Clerk