HomeMy WebLinkAbout04/24/95April 24, 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, April 24, 1995. Mayor John R. Rooff in the
Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Mollenhoff. Absent: Collier.
Invocation by: Councilperson Jerry Anders.
Pledge of Allegiance: Troop 548 --Shaun Stern, Daniel Stern, Christopher Stern, Scott Storey,
Dave Buhr, Stu Bunker, Nick Loffredo.
Recognition of Week: Winninger Realtors, Larry Winninger
104680
- Mollenhoff/Jordan
that the Agenda, as proposed, for the Regular Session on Monday, April 24, 1995, at
7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion
carried.
104681 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, April 17, 1995,
at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion
carried.
Mayor Rooff read a Proclamation declaring the week of April 23-29, 1995 as
Professional Secretaries Week.
Mayor Rooff presented the Mayor's Medal of Valor to James Oesterle and Steven
Oesterle for rescuing Dale Holien from Buzz's Bar explosion.
HEARINGS AND BIDS
104682 - Krizek/Jordan
that proof of publication of notice of public hearing on specifications, form of
contract, etc. and taking of bids for the F.Y. 1995 Kimball Avenue and Brookeridge
Drive Traffic Signals, Contract No. 450, as published in the Waterloo Courier on
April 14, 1995, be received and placed on file. Ayes: Six. Absent: Collier.
Motion carried.
104683 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Mollenhoff/Murphy
that the hearing be closed. Ayes: Six. Absent: Collier. Motion carried.
104684 - Jordan/Murphy
that "Resolution confirming the approval of specifications,
in conjunction with said project", be adopted. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No.
104685 - Murphy/Jordan
form of contract, etc.
Absent: Collier.
1995-238.
that "Resolution authorizing to proceed on the above project", be adopted. Ayes:
Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-239.
104686 - Krizek/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Traffic Operations for review (see CR 104715 for award of
contract):
Bidder Bid Bond
K & W Electric, Waterloo, IA 5%
Voltmer Electric, Decorah, IA 5%
Ayes: Six. Absent: Collier. Motion carried.
104687 Anders/Murphy
that proof of publication of notice of public
of contract, etc. and taking of bids for
Expansion, Contract No. 467, as published in
be received and placed on file. Ayes: Six.
Bid Amount
$41,039.90
$41,008.00
hearing on plans, specifications, form
the F.Y. 1995 East Park Avenue Ramp
the Waterloo Courier on April 7, 1995,
Absent: Collier. Motion carried.
104688 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
April 24, 1995
Hearings and Bids - continued
Mollenhoff/Murphy
that the hearing be closed. Ayes: Six
104689 - Murphy/Jordan
that "Resolution confirming the approval
etc. in conjunction with said project",
Resolution adopted and upon approval by
104690 - Krizek/Jordan
that "Resolution ordering construction
Six. Absent: Collier.
Resolution adopted and upon approval by
104691 - Mollenhoff/Murphy
Page 2
. Absent: Collier. Motion carried.
of plans, specifications, form of contract,
be adopted. Ayes: Six. Absent: Collier.
Mayor assigned No. 1995-240.
on the above project", be adopted. Ayes:
Mayor assigned No. 1995-241.
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review (award of contract delayed):
Bidder
Prairie Const. Co., Inc.,
Waterloo, IA
Cardinal Const. Inc.
Waterloo, IA
Henkel Const. Co.
Mason City, IA
Mid-America Const. Co. of IA
Iowa City, IA
Bid Bond
5%
5%
5%
5%
Base Bid Alt. 1
$2,234,206 $16,400
$1,988,844 $ 5,069
$2,217,900 $28,000
$2,327,000 $ 2,250
Alt. 2 Alt. 3
$5,600
$7,310
$6,200
$3,000
$76,556
$49,897
$79,864
$27,144
Ayes: Six. Absent: Collier. Motion carried.
HEARINGS
104692 - Getty/Mollenhoff
that proof of publication of notice of public hearing on request of Chuck Hinton to
remove the deed restriction placed on the July 1975 sale of property located in Lot
125 and the west 10 feet of Lot 124, Pleasant View Addition to The Morris Plan
Company aka The Morris Plan Company of Iowa, which states that the city reserves the
right to have said real estate reconveyed to it by the grantee, successors or
assigns, at no cost to the city as such time the city has actual need, as published
in the Waterloo Courier on April 14, 1995, be received and placed on file. Ayes:
Six. Absent: Collier. Motion carried.
104693 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
oral and written objections and there were none.
Jordan/Murphy
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Six.
Absent: Collier. Motion carried.
104694 - Anders/Mollenhoff
that "Resolution approving removal of said deed restriction", be adopted. Ayes:
Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-242.
PETITIONS FROM PUBLIC
104695 - Mollenhoff/Jordan
that communication from City Engineer transmitting request of David F. Cavanaugh for
a waiver for a concrete driveway to be .located at 5451 Foulk Road, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-243.
April 24, 1995
Petitions from Public - continued
104696 - Krizek/Mollenhoff
Page 3
that communication from Assistant City Engineer transmitting signage request from
Janice Rolison of the Tanning Touch, 705 West Third Street, to temporarily place
signs on city right of way to be located at 706 West Park Avenue in conjunction with
the F.Y. 1995 Street Reconstruction Program, Contract No. 473, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-244.
104697 - Mollenhoff/Anders
that communication from City Planner transmitting request of Thomas L. or Karen M.
Place (K & P Pattern Co.) and Dactek Corp. (Carpenter's Plumbing and Heating) to
vacate, sell and convey the east -west alley generally located south of Rock Island
Avenue, between Fletcher and Vaughn Avenues for $2,240.00 and $1,000.00
respectively, be received, placed on file and "Resolution setting date of hearing
as May 8, 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:
Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-245.
REPORTS
104698 - Mollenhoff/Murphy
that communication from City Clerk transmitting revised Dishonored Check Policy, be
received, placed on file and "Resolution approving said policy", be adopted. Ayes:
Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-246.
DOCUMENTS
104699 - Jordan/Murphy
that communication from City Engineer transmitting a Professional Service Agreement
with Wayne Claassen Engineering for design of the F.Y. 1996 Ansborough Avenue
Stormwater Pump Station at Blackhawk Creek, together with recommendation of
approval, be received, placed on file and "Resolution approving said agreement", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent:
Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-247.
104700 - Krizek/Getty
that communication from City Clerk transmitting recommendation of renewal of
contract with Heritage National Healthplan for Heritage Waterloo Preferred health
insurance and the option to participate in the John Deere Family Healthplan Clinic,
be received, placed on file and "Resolution approving said health insurance
policies", be adopted and Mayor authorized to execute same. Ayes: Six. Absent:
Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-248.
104701 - Jordan/Krizek
that communication from Associate Engineer transmitting Statement of Completion and
Final Acceptance of Work performed by Cedar Valley Corporation in conjunction with
West Sixth Street, Phase II, HDP -9107(003)--71-05, be received, placed on file and
"Resolution approving said document", be adopted and Mayor authorized to execute
same. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-249.
RESOLUTIONS TO BE ADOPTED
104702 - Murphy/Jordan
that communication from City Engineer transmitting request for authorization to
notify property owners of proposed sidewalk repairs, together with cost estimates
for the Sidewalk Inspection and Repair Program - Zone 7, be received, placed on file
and "Resolution setting date of hearing as May 8, 1995 at 7:00 p.m. in the City Hall
Council Chambers on the proposed repairs", be adopted and City Clerk instructed to
publish notice of same. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-250.
April 24, 1995
Resolutions to be Adopted - continued
104703 - Mollenhoff/Jordan
Page 4
that "Resolution transferring from the Trust and Agency Fund the sum of $665,063.08
to the General Fund and the sum of $128,595.08 to the Road Use Tax Fund for the
City's share of Insurance, FICA and IPERS", be adopted. Ayes: Six. Absent:
Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-251.
104704 - Krizek/Anders
that "Resolution transferring from the Tax Increment Financing Fund the sum of
$350,000.00 to the Debt Service Fund for payment of General Obligation Bonds", be
adopted. Ayes: Six. Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-252.
104705 - Krizek/Murphy
that "Resolution transferring from the 1994 Refund Bond Escrow Fund to the Sewer
Facilities Fund the sum of $24,894.19 and to transfer from the Sewer Facilities Fund
to the Gram Court Sanitary Sewer Fund the amount of $10,572.29 to close out various
sewer facility projects that are completed", be adopted. Ayes: Six. Absent:
Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-253.
ORDINANCES TO BE ADOPTED
104706 - Police Chief Koehrsen explained that one additional paragraph had been deleted since
the last reading of this ordinance. The access route from Highway 63 down Martin
Road was removed at the request of the residents in that area. There are other
access routes and this route does not lead directly to any fueling areas.
With no further discussion, Mayor Rooff invited comments from the public.
Larry Coffin, 1006 Martin Road, stated that he and his wife are opposed to any
ordinance change which would allow snowmobiles within the city limits. One area
that is of primary concern is the Crossroads area. The heavy traffic patterns and
availability of food and drink could become dangerous. Mr. Coffin requested that
there be a re -assessment of the current policy.
Councilperson Krizek asked the Chief of Police if any measures are being taken to
enforce the current ordinance. Police Chief Koehrsen stated that there is currently
no way to enforce the ordinance as the Police Department doesn't have the equipment
or staff available. Chief Koehrsen expressed his reservations about the ordinance,
especially his concern that State regulations allow young people to be snowmobile
drivers.
Councilperson Mollenhoff asked Chief Koehrsen who requested these changes. The
Chief reported that the Snowhawk's snowmobile club had made the request.
Councilperson Mollenhoff stated that in light of the Coffins' objections he would
have trouble supporting the ordinance and he suggested the Police Chief request the
Snowhawks assist with providing input on strengthening enforcement measures.
Barb Coffin, 1006 Martin Road, reported that as a City Police Officer she had
witnessed violations when snowmobiling was prohibited and she believed it would get
worse. It is her understanding that snowmobiles are meant for wide open spaces and
she feels they should not be allowed within the City limits.
Mollenhoff/Murphy
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 32%-3, Operation Limitations, and Section 32%-4,
Operation, of Chapter 32%, Snowmobiles; and enacting in lieu thereof new Section
32'/,-3, Location of Operation, and Section 32'/-4, Rules and Regulations of Operation,
of Chapter 32%, Snowmobiles, be tabled indefinitely. Ayes: Six. Absent: Collier.
Motion carried.
Mayor Rooff directed City Attorney Jim Walsh to review the current ordinance so that
the ordinance on the books isn't more inadequate than the proposed version.
104707 - Krizek/Murphy
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (60) San
Marnan Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting
in lieu thereof a new Subsection (60) San Marnan Drive of Section 541, Increasing
Speed Limits in Certain Areas (changing the speed limit on San Marnan Drive from
Ansborough Avenue to Hammond Avenue from 55 mph to 45 mph and Hammond Avenue to
Penneys Drive from 45 mph to 35 mph)", be received, placed on file, considered and
passed for the first time.
Prior to a vote on the above motion, the following discussion was heard.
April 24, 1995 Page 5
Ordinances to be Adopted - continued
Councilperson Jordan reported that he had received requests from the residents along
San Marnan Drive to extend the forty-five mile per hour speed limit from West Fourth
Street to Penneys Drive. There is no need for the highway speed limit on this road
as it ends at a dead end and has intersections which create conflict.
Councilperson Mollenhoff supported this argument and expressed his desire for
lowering the speed limit in many areas in town. Councilperson Murphy also stated
his support of lowering the speed limit with the increased level of construction
along the road.
Councilperson Anders reported that he drove San Marnan from Fourth Street to
Ansborough and the traffic consistently moved at fifty-five miles per hour. He
explained that lowering the limit would be too slow, the number of entrances are
limited and wouldn't require slowing of traffic.
Councilperson Krizek reminded everyone that there is a large residential populace
in this area and many children are using the roads when out of school.
Jim Robbins, 3382 Mount Vernon Drive, stated that the whole problem lies with the
intersection at Fourth Street. A lower speed limit would require traffic to
approach the intersection slower and reduce the number of accidents.
With the approval of the mover and seconder the above motion was withdrawn.
Krizek/Murphy
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (60) San
Marnan Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting
in lieu thereof a new Subsection (60) San Marnan Drive of Section 541, Increasing
Speed Limits in Certain Areas (changing the speed limit on San Marnan Drive from
West Fourth Street to Hammond Avenue from 55 mph to 45 mph and Hammond Avenue to
Penneys Drive from 45 mph to 35 mph)", be received, placed on file, considered and
passed for the first time. Ayes: Four. Nays: Anders, Getty. Absent: Collier.
Motion carried.
Councilperson Mollenhoff asked for the timeframe for adoption and enforcement of the
speed limit change. Traffic Operations Superintendent Mike Mrzlak reported that the
speed limit signs would be posted approximately one week and two days after the
final adoption of the ordinance.
104708 - Mollenhoff/Murphy
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Four. Nays: Anders, Getty. Absent: Collier.
Motion not carried.
BILLS PAYMENT
104709 - Krizek
that "Resolution approving Schedule A918, pp. 1-63, dated April 24, 1995, in the
amount of $5,832,573.15, a copy of which is on file in the City Clerk's office", be
adopted, with Councilperson Jordan abstaining on PV 88235 and PV 88237. Ayes: Six.
Absent: Collier.
Resolution adopted and upon approval by Mayor assigned No. 1995-254.
NEW BUSINESS
104710 - Anders/Jordan
that communication from Recreation Director transmitting recommendation of
appointment of Kent Shankle to the position of Curator/Registrar, effective May 8,
1995, be received, placed on file and approved. Ayes: Six. Absent: Collier.
Motion carried.
Travel Requests
104711 Jordan/Mollenhoff
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Richard Harned & David Mohlis, Police Officers, to attend Investigation of
Motorcycle Accidents Seminar in Davenport, Iowa on May 1-5, 1995, with costs not
to exceed $507.60, including the use of city vehicle.
2. Keith Smith, Police Officer, to attend Physical Match Workshop in Des Moines,
Iowa on May 2-3, 1995, with costs not to exceed $135.00, including the use of
city vehicle.
3. Francis Jacoby, Recreation Maintenance, to travel to Galesburg, Illinois to pick
up supplies from NAEIR on April 27, 1995, with costs not to exceed $140.00,
including the use of city vehicle.
April 24, 1995 Page 6
Travel Requests - continued
4. Bernal Koehrsen, Police Chief, to testify before the U.S. Senate Committee
debating the new Crime Bill in Washington, DC on May 3, 1995, with costs not to
exceed $559.00.
Ayes: Six. Absent: Collier. Motion carried.
MISCELLANEOUS
104712 - Getty/Murphy
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 applications for dance license be received,
placed on file and approved:
1. Beer License Permit Application
Class B
Becker Chapman Post 138, 619 Franklin (Renewal) (Expires 5/12/96) (Includes
Sunday Sales)
Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 4/13/96)
2. Beer License Permit Application
Class C
Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/31/96)
3. Beer/Liquor License Permit Application
Class C
Locker Room, 1918 Hawthorne (Renewal) (Expires 4/30/96) (Includes Sunday Sales)
Wings Over Iowa, 2790 Airport Boulevard (Transfer to 2814 Airport Boulevard on
May 6, 1995)
Application for Dance License
Fraternal Order of Eagles, 202 E. First Street
Knights of Columbus, 1955 Locke Avenue
Ayes: Six. Absent: Collier. Motion carried.
BONDS
104713 - Mollenhoff/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through April 24, 1995, be received, placed on file and approved and report and
bonds be approved. Ayes: Six. Absent: Collier. Motion carried.
ORAL PRESENTATIONS
104714 - Larry Wirtjes, partner with Woodland Pattern, thanked the City staff for their
assistance to the company during the Buzz's Bar explosion. Assistance in reopening
the business was received from the Building Inspection, Fire and Police Departments
and Midwest Gas. He appreciated the help given to the company to get back on its
feet after the disaster.
Mollenhoff/Murphy
that the above oral comments be received and placed on file. Ayes: Six. Absent:
Collier. Motion carried.
104715 - Murphy/Jordan
that "Resolution authorizing award of contract to Voltmer Electric of Decorah, Iowa
in the amount of $41,008.00 in conjunction with F.Y. 1995 Kimball Avenue and
Brookeridge Drive Traffic Signals, Contract No. 450", be adopted (see CR 104686 for
bid opening). Ayes: Six. Absent: Collier
Resolution adopted and upon approval by Mayor assigned No. 1995-255.
104716 - City Attorney Jim Walsh stated that pending litigation is an approved topic of
Executive Session per Section 21.5(1)(c) of the Code of Iowa.
Krizek/Murphy
that the Council adjourn to Executive Session. Ayes: Six. Absent: Collier.
Motion carried.
EXECUTIVE SESSION
104717 - Murphy/Jordan
that the Council adjourn the Executive Session. Ayes: Six. Absent: Collier.
Motion carried.
April 24, 1995
ADJOURNMENT
104718 - Anders/Mollenhoff
Page 7
that the Council adjourn at 8:24 p.m. Ayes: Six. Absent: Collier. Motion
carried.
Susan Fangman
City Clerk