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HomeMy WebLinkAbout04/10/1995April 10, 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 10, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend Tom Isaacson, Zion Evangelical Lutheran Church Pledge of Allegiance: Councilperson Scott Jordan Recognition of Week: Varsity Cleaners, Craig Schmidt, President 104593 - Anders/Collier that the Agenda, as amended, for the Regular Session on Monday, April 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 104594 - Jordan/Murphy 10, 1995, at that the Minutes, as proposed, for the Regular Session on Monday, April 3, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation designating the week of April 10-16, 1995 as National Community Development Week. Mayor Rooff read a Proclamation declaring the week of April 9-15, 1995 as Dispatcher Appreciation Week. HEARINGS AND BIDS 104595 - Getty/Collier 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 Downtown Concrete Repair Program, Contract No. 481, as published in the Waterloo Courier on March 28, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104596 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Collier/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 104597 - Jordan/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. 1995-201. 104598 - Murphy/Jordan that "Resolution ordering construction on the above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-202. 104599 - Krizek/Collier to receive, file and instruct City Clerk to open and read bids and Engineer for review (see CR 104639 for award of contract): Bidder Bid Bond Cedar Falls Construction Co., Inc., Cedar Falls, IA Cedar Valley Corporation, Waterloo, IA Rampart Corporation, Waterloo, IA Ayes: Seven. Motion carried. 104600 - Krizek/Collier that proof of publication of contract, etc. and taking of as published in the Waterloo file. Ayes: Seven. Motion refer to City Bid Amount 5% $309,706.70 5% $414,253.11 5% $335,564.00 notice of public hearing on specifications, form of bids for the Signal Pole Painting, Contract No. 490, Courier on March 28, 1995, be received and placed on carried. 104601 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan that the hearing be closed. Ayes: Seven. Motion carried. April 10, 1995 Page 2 Hearings and Bids - continued 104602 - Anders/Collier 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. 1995-203. 104603 - Krizek/Collier that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-204. 104604 - This being the time and place of the bid opening, the City Clerk informed the Mayor and Council that no bids were received on the project. Collier/Jordan that the Superintendent of Traffic Operations review and evaluate the above project with vendors for future bidding process. Ayes: Seven. Motion carried. HEARINGS 104605 - Krizek/Collier that proof of publication of notice of public hearing on "S-1" Shopping Center District site plan for the proposed Pier One Imports Store to be generally located east of the intersection of Flammang Drive and Crossroads Boulevard, as published in the Waterloo Courier on March 29, 1995, be received and placed or. file. Ayes: Seven. Motion carried. 104606 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Murphy/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 104607 - Mollenhoff/Anders that "Resolution approving said site plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-205. UNFINISHED BUSINESS 104608 - Krizek/Mollenhoff that communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of $348,445.30 to Cedar Valley Corporation of Waterloo, Iowa in conjunction with the F.Y. 1995 Concrete and Structure Repair Program, Contract No. 476, 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. 1995-206. 104609 - Getty/Collier that communication from Waterloo Water Works General Manager transmitting request of Darlene Anderson aka Darlene Williams to certify $1,099.57 for work performed by the Waterloo Water Works at 120 Lafayette Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-207. Mayor Rooff asked for a motion on communication from Waterloo Water Works General Manager transmitting request to certify $395.83 for work performed by the Waterloo Water Works at 303 Lafayette Street (Randy Lee Schmidt, owner), 309 E. Second Street (Robert K. Mobley and Sharon A. Mobley, owners), 310 E. Second Street (The Great Plains Company, owner), 315 E. Second Street (The Morris Plan Company of Iowa, owner and Allen L. Grote, contract purchaser), 321 E. Second Street (Evelyn J. Damme and George A. Damme, owners), 325 E. Second Street (Vincent P. Heuer and Yvonne L. Heuer, owners) and the request died for lack of a motion. April 10, 1995 PETITIONS FROM PUBLIC 104610 - Murphy/Jordan Page 3 that communication from City Engineer transmitting request of City of Cedar Falls on behalf of Cedar Valley Corporation for a variance to the Truck Embargo Ordinance, Section 574 of the Traffic Code, on Rainbow Drive from Waterloo West City Limits to Greenhill Road from April 15, 1995 to November 15, 1995, in conjunction with Waterloo Road and East 18th Street 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. 1995-208. 104611 - Krizek/Jordan that communication from City Clerk transmitting request of First Congregational Church, 608 West Fourth Street, for a variance to Ordinance No. 3094, Noise Ordinance, on April 16, 1995 from 6:30 - 7:00 a.m. to hold an Easter Sunrise Service at Washington Park, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-209. DOCUMENTS 104612 - Jordan/Murphy that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in the amount of $348,445.30 in conjunction with F.Y. 1995 Concrete and Structure Repair Program, Contract No. 476, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-210. RESOLUTIONS TO BE ADOPTED 104613 - Mollenhoff/Collier that "Resolution approving communication from City Planner transmitting recommendation to accept and dedicate a 16 foot easement on Lot 5 in Pinnacle Place First Addition for storm sewer purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-211. 104614 - Krizek/Mollenhoff that "Resolution approving Affidavit for the Notice of Intent to Request Release of Funds and Certificate in conjunction with the Special Grant from the U.S. Department of Housing and Urban Development for Phase II of the Renovation of the Hazardous Material Regional Training Center", be adopted and Mayor authorized to execute said affidavit and City Clerk authorized to publish Notice of Intent. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-212. 104615 - Anders/Jordan that "Resolution authorizing the City Clerk to publish Notice of Finding no Significant Effect on the Environment in conjunction with Waterloo Fire Rescue - Waterloo Hazardous Material Recovery Special Purpose Grant for Phase II of the Renovation of the Hazardous Material Regional Training Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-213. ORDINANCES TO BE ADOPTED 104616 - Getty/Collier that "an Ordinance amending the 1991 Traffic Code by: adding Subsection (198a) King Drive and (358a) Southbrooke Drive to Section 551, Parking Prohibited at all Times on Certain Streets; and adding Subsection (47a) King Drive to Section 553, No Parking Here to Corner", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 104617 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. April 10, 1995 Ordinances to be Adopted - continued 104618 - Mollenhoff/Collier Page 4 that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 104619 - Anders/Jordan that "an Ordinance amending the 1991 Traffic Code by: adding Subsection (198a) King Drive and (358a) Southbrooke Drive to Section 551, Parking Prohibited at all Times on Certain Streets; and adding Subsection (47a) King Drive to Section 553, No Parking Here to Corner", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4088. 104620 - Krizek/Collier that "an Ordinance amending the 1991 Traffic Code adding by Subsection 565B, Two Hour Parking Between 8:00 a.m. and 6:00 p.m. (2705-2717 St. Francis Drive)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104621 - Collier/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104622 - Jordan/Krizek 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: Seven. Motion carried. 104623 - Collier/Mollenhoff that "an Ordinance amending the 1991 Traffic Code adding by Subsection 565B, Two Hour Parking Between 8:00 a.m. and 6:00 p.m. (2705-2717 St. Francis Drive)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4089. 104624 - Anders/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa by repealing Article III, Reserve Unit, of Chapter 31, Police; and enacting in lieu thereof a new Article III, Reserve Unit, of Chapter 31, Police", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104625 - Mollenhoff/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104626 - Collier/Jordan 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: Seven. Motion carried. 104627 - Mollenhoff/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa by repealing Article III, Reserve Unit, of Chapter 31, Police; and enacting in lieu thereof a new Article III, Reserve Unit, of Chapter 31, Police", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No.4090. 104628 - Anders/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 32%-3, Operation Limitations, and Section 324-4, 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 received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. April 10, 1995 Page 5 Ordinances to be Adopted - continued Police Chief Bernal Koehrsen reported to the Council that this is before them in response to a request by the Snow Hawks snowmobile club. The club requested the City modify the current ordinance to allow snowmobiles access routes to food and fueling points at the edge of the City limits. Councilperson Jordan asked if the City would be assuming any liability by adopting this ordinance. Assistant City Attorney Sang -Ki Han reported that there would be no additional liability on the City's part. Councilperson Anders asked what the penalty for violation of this ordinance would be. Chief Koehrsen stated that the violation is a misdemeanor and fines would be set by the court system. Following discussion, a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. BILLS PAYMENT 104629 - Krizek that "Resolution approving Schedule A918, pp. 1-43, dated April 10, 1995, in the amount of $490,273.66, a copy of which is on file in the City Clerk's office", be adopted, with Councilperson Mollenhoff abstaining from PV #96644 in the amount of $1,290.00. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-214. NEW BUSINESS 104630 - Mollenhoff/Jordan that communication from City Planner transmitting request to remove a 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, 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 at such time the city has actual need, be received, placed on file and "Resolution setting date of hearing as April 24, 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 hearing of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-215. 104631 - Krizek/Jordan to instruct City Planner to prepare specifications, contract document, etc. for the demolition of structure located at 1304 Lafayette Street and 724 Sycamore Street, Contract No. B -95(D) be received, placed on file and approved. Ayes: Seven. Motion carried. 104632 - Jordan/Murphy that specifications, contract documents, etc. in conjunction with the demolition of structures located at 1304 Lafayette Street and 724 Sycamore Street, Contract No. B -95(D), be received and placed on file. Ayes: Seven. Motion carried. 104633 - Murphy/Krizek that "Resolution preliminarily approving specifications, contract documents, etc. in conjunction with the above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-216. 104634 - Mollenhoff/Collier that "Resolution setting date of hearing on specifications, contract documents, etc. and taking of bids as May 1, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-217. 104635 - Collier/Murphy that communication from Human Rights Director transmitting recommendation of appointment of Robin Means to the position of Human Rights Specialist, effective April 17, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 104636 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: April 10, 1995 Page 6 Travel Requests - continued 1. Dennis Duggan, Assistant Fire Chief, to attend Command and Control - Fire Department Operations at Natural and Manmade Disasters Course in Emmitsburg, Maryland on May 15-26, 1995, with costs not to exceed $177.00. 2. Greg Maifield, Police Systems Manager, to attend Applied Micro Technology Spring Conference in Urbandale, Iowa on May 8-10, 1995, with costs not to exceed $265.00. Ayes: Seven. Motion carried. MISCELLANEOUS 104637 - Murphy/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 application for cigarette permit be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Softball Association, corner of Burton & Longfellow (New) (Seasonal -- 4/29/95 - 10/29/95) (Includes Sunday Sales) 2. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/96) (Includes Sunday Sales) Clute's Highland Market, 909 Independence (Renewal) (Expires 4/4/96) (Includes Sunday Sales) 3 Beer/Liquor License Permit Application Class C Julie Anne - Al's Loading Dock, 1435 Sycamore (New) (Expires 4/14/96) (Includes Sunday Sales) Application for Cigarette Permit Julie Anne - Al's Loading Dock, 1435 Sycamore Street Ayes: Seven. Motion carried. BONDS 104638 - Jordan/Krizek that the report of the City Attorney and list of bonds filed with the City Clerk through April 10, 1995, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. 104639 - Mollenhoff/Collier that "Resolution authorizing award of contract to Cedar Falls Construction, Co., Inc. of Cedar Falls, Iowa in the amount of $309,706.70 in conjunction with F.Y. 1995 Downtown Concrete Repair Program, Contract No. 481", be adopted (see CR 104599 for bid opening). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-218. 104640 - Assistant City Attorney Sang -Ki Han stated that discussion of acquisition of property for Young Arena is an approved topic of Executive Session pursuant to Section 21.5(1)(j) of the Code of Iowa. Collier/Jordan that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 104641 - Krizek/Collier that the Council adjourn Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 104642 - Mollenhoff/Collier that the Council adjourn at 7:59 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk