HomeMy WebLinkAbout02/27/95February 27, 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, February 27, 1995. Mayor John R. Rooff in
the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff.
Invocation by: Reverend Chris Myers, Linden United Methodist Church
Pledge of Allegiance: Cub Scout Pack #29 --Jeremy Berryman, Marcus Charles, David Hyde, Eric
Hyde, Josh Richards, Donavan Obeheu and Chuck Hosier, Leader
Recognition of Week: Short's Travel Service, Inc. --Camille Hogan, President
104330 - Mollenhoff/Collier
that the Agenda, as amended, for the Regular Session on Monday, February 27, 1995,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
104331 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, February 20, 1995,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
HEARINGS AND BIDS
104332 - Krizek/Jordan
that proof of publication of notice of public hearing on plans, specifications, form
of contract, etc. and taking of bids for the Comprehensive Assistance Program (CIAP)
Grant Project at Ridgeway Towers, 225 W. Ridgeway, as published in the Waterloo
Courier on February 10, 1995, be received and placed on file. Ayes: Seven. Motion
carried.
104333 - 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.
104334 - Anders/Mollenhoff
that "Resolution confirming the approval of the plans, specifications, form of
contract, etc. in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-117.
104335 - Jordan/Murphy
that "Resolution ordering construction on above said project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-118.
104336 - Krizek/Anders
to receive, file and instruct City Clerk to open and read bids and refer to Housing
Director for review (award of contract delayed):
Bidder Bid Bond Bid Amount Alter. #1 Alter. #2
Borwig Building Services 5% $123,767.40 -19,702.40 -2,952.00
Waterloo, IA
Don Gardner Construction
Waterloo, IA 5% $129,000.00 -20,000.00 -3,800.00
Ayes: Seven. Motion carried.
HEARINGS
104337 - Mollenhoff/Murphy
that proof of publication of notice of public hearing on request of Rich Droste to
rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning
property generally located at 1627 Shultz Street for a windshield repair business,
as published in the Waterloo Courier on February 13, 1995, be received and placed
on file. Ayes: Seven. Motion carried.
104338 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Krizek/Collier
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.
February 27, 1995
Hearings - continued
104339 - Collier/Murphy
Page 2
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance,
by adding Subsection No. 63 to Section 2A -7N Conditional Zoning Certain Property",
be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
104340 Jordan/Mollenhoff
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
104341 - Krizek/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: Seven.
Motion carried.
104342 - Anders/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance,
by adding Subsection No. 63 to Section 2A -7N Conditional Zoning Certain Property",
be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4075.
PETITIONS FROM PUBLIC
104343 - Krizek/Jordan
that communication from Building Official transmitting request of American Colloid
for a permit to temporarily locate an office trailer at 1812 Water Street for a
period of time no longer than six months while construction of building destroyed
by fire, per Section 24-18(c) of the Code of Ordinances, be received, placed on file
and approved. Ayes: Seven. Motion carried.
DOCUMENTS
104344 - Anders/Krizek
that communication from City Engineer transmitting an Iowa Department of
Transportation Application to Adopt -A -Highway for the Evansdale Amvets Sons Post 31
for litter removal on U.S. Highway 63 within the city limits, just north of Martin
Road to University Avenue, be received, placed on file and "Resolution approving
said application", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-119.
104345 - Murphy/Jordan
that an Iowa Department of Transportation Application to Adopt -A -Highway for the
Cedar Valley Lions Club for litter removal along U.S. Highway 63 from Mile Post
156.50 to Milepost 158.50 , be received, placed on file and "Resolution approving
said application", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-120.
104346 - Krizek/Collier
that communication from Traffic Engineer transmitting an application with the Iowa
Department of Transportation for Traffic Safety Funding in the amount of $20,000.00
for installation of traffic signals at the intersection of San Marnan Drive at Sears
Drive, together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-121.
104347 - Anders/Mollenhoff
that communication from Airport Director transmitting an amendment to lease
agreement with Midway Development Corporation for property located at 2790 Airport
Boulevard to extend option deadline to June 30, 1995, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-122.
RESOLUTIONS TO BE ADOPTED
104348 - Krizek/Anders
that "Resolution of Intent identifying appropriations for the Hotel/Motel Tax for
the F.Y. 1996 Budget", be adopted.
February 27, 1995
Resolutions to be Adopted - continued
Page 3
Prior to a vote on the above motion, the following comments were heard.
Councilperson Jordan stated that he had received phone calls from residents raising
concerns that the council has disregarded the work done by a volunteer board in the
selection of funding projects. He suggested that the volunteer advisory board be
given an opportunity to provide the information which resulted in the
recommendations that the council has changed. Councilperson Murphy expressed his
agreement with suggestion of Councilperson Jordan.
Councilperson Mollenhoff disagreed that the council has disregarded the efforts of
the Advisory Board but maintained the councils' right to review the recommendations
and make changes that meet the goals set by this administration for the City. He
doesn't look at board recommendations as requiring support but he does appreciate
the input and time that all boards and commissions spend on the projects they deal
with.
Dave Buck, a volunteer member of the Cedar Lakes Board, introduced the Cedar Valley
Lakes project as an advocacy board for the lakes which is made up of volunteers who
work with the technical staff of INRCOG and the City. He raised the issue of INRCOG
rebating the City's dues by $3,300 as a result of the funding received through Hotel
Motel funds.
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 assigned No. 1995-123.
104349 - Mollenhoff/Collier
that "Resolution allowing for reduction of retainage being held on the pay estimates
from five percent to one percent of work completed by Cedar Valley Corporation for
the Sixth Street Extension Project (West), Stage I, IX -6604(3)--79-07", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-124.
ORDINANCES TO BE ADOPTED
104350 Getty/Murphy
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (130)
Fourth St. (W) of Section 551, Parking Prohibited at all Times on Certain Streets;
and enacting in lieu thereof a new Subsection (130) Fourth ST. (W) of Section 551,
Parking Prohibited at all Times on Certain Streets; and also by adding New Section
572A, No Parking at Any Time Except Sunday from 7:00 a.m. to 12:00 p.m. (allowing
parking on Sundays from 7:00 a.m. to 12:00 p.m. on West 4th Street from Graceline
Boulevard to Lovejoy Avenue and on the northwest side from Head Hunter Parking Lot
to Arden Street)", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
104351 - Jordan/Murphy
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
104352 - Mollenhoff/Murphy
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.
104353 - Collier/Krizek
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (130)
Fourth St. (W) of Section 551, Parking Prohibited at all Times on Certain Streets;
and enacting in lieu thereof a new Subsection (130) Fourth ST. (W) of Section 551,
Parking Prohibited at all Times on Certain Streets; and also by adding New Section
572A, No Parking at Any Time Except Sunday from 7:00 a.m. to 12:00 p.m. (allowing
parking on Sundays from 7:00 a.m. to 12:00 p.m. on West 4th Street from Graceline
Boulevard to Lovejoy Avenue and on the northwest side from Head Hunter Parking Lot
to Arden Street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4076.
BILLS PAYMENT
104354 - Krizek
that"Resolution approving Schedule A918, pp. 1-57, dated February 27, 1995, in the
amount of $854,833.88, a copy of which is on file in the City Clerk's office", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-125.
February 27, 1995
NEW BUSINESS
Page 4
104355 - Krizek/Collier
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for the F.Y. 1995 Street Reconstruction Program, Contract No. 473, be received,
placed on file and approved. Ayes: Seven. Motion carried.
104356 - Getty/Collier
that plans, specifications, form of contract, etc. for the F.Y. 1995 Street
Reconstruction Program, Contract No. 473, be received, placed on file and approved.
Ayes: Seven. Motion carried.
104357 - Anders/Jordan
that "Resolution preliminarily approving plans, specifications, form of contract,
etc: for the above project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-126.
104358 - Mollenhoff/Murphy
that "Resolution setting date of hearing on plans, specifications, form of contract,
etc. and taking of bids as March 20, 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.
Prior to a vote on the above motion, the following discussion was heard.
Ernie Boykin, PO Box 1801, inquired whether the plans include the same list of
street improvements that were published in the paper last fall. Eric Thorson, City
Engineer, confirmed that the list of streets would be the same.
Following discussion a vote was taken on the above motion with the following result.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1995-127.
104359 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of appointment of
Terry Stevens to the Cable Commission, with term expiration date of December 1,
1997, be received, placed on file and approved. Ayes: Seven. Motion carried.
104360 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of appointment of
Rachelle Brown to the Recreation and Arts Commission, with term expiration date of
October 1, 1997, be received, placed on file and approved. Ayes: Seven. Motion
carried.
104361 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment to
the Recreation and Arts Commission of Tom Staack, with term expiration date of
October 1, 1996, Liz Petersen and Jane Christensen, with term expiration date of
October 1, 1997, and Ray Richardson, with term expiration date of October 1, 1995,
be received, placed on file and approved. Ayes: Seven. Motion carried.
104362 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of appointment of
Don Hoth to the Park Board, with term expiration date of January 1, 1998, be
received, placed on file and approved. Ayes: Seven. Motion carried.
104363 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment to
the Park Board of Sheryl Annette, with term expiration date of January 1, 1998 and
Bev Smith, with term expiration date of January 1, 1997, be received, placed on file
and approved. Ayes: Seven. Motion carried.
104364 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment of
John D. Knight, Harry McDermott, Roger Slaughter and Alan Jacobsen to the Heating
Board, with term expiration date of December 31, 1997, be received, placed on file
and approved. Ayes: Seven. Motion carried.
104365 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of appointment of
Marilyn K. Turner to the ADA Compliance Commission, with term expiration date of
February 22, 1998, be received, placed on file and approved. Ayes: Seven. Motion
carried. 'ft\
February 27, 1995 Page 5
New Business - continued
104366 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment of
Rabbi Sol Serber to Operation Threshold Board, with term expiration date of December
3, 1997, be received, placed on file and approved. Ayes: Seven. Motion carried.
104367 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of appointment of
Wallace Stokes to the Contractor's Board, with term expiration date of May 24, 1997,
be received, placed on file and approved. Ayes: Seven. Motion carried.
104368 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment of
Bernie Moine to the Board of Adjustment, with term expiration date of December 8,
1997, be received, placed on file and approved. Ayes: Seven. Motion carried.
104369 - Jordan/Murphy
that communication from Mayor Rooff transmitting recommendation of reappointment of
Barbara Blow and Mark Gardner to the Housing Board of Appeals, with term expiration
date of February 1, 1997, be received, placed on file and approved. Ayes: Seven.
Motion carried.
Travel Requests
104370 - Krizek/Mollenhoff
that the following travel requests, with expenses not to exceed the amount shown,
be received, placed on file and approved:
1. Eric Thorson, City Engineer, to attend 43rd Annual APWA Public Works Conference
and APWA Board meeting in Ames, Iowa on March 15-17, 1995, with costs not to
exceed $262.00, including the use of city vehicle.
2. John Woods, Police Officer, to attend Field Training Officers Manager's School
in Janesville, Wisconsin, on March 6-9, 1995, with costs not to exceed $585.00,
including the use of city vehicle.
Ayes: Seven. Motion carried.
MISCELLANEOUS
104371 - Krizek/Mollenhoff
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/Wine License Permit Application
Class E
Hy -Vee Food Stores, 306 Byron Street (Renewal) (Expires 3/23/96) (Includes Sunday
Sales)
Hy -Vee Food Stores, 2052 Logan Avenue (Renewal) (Expires 3/23/96) (Includes
Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
The Olive Garden, 1315 E. San Marnan Drive (New) (Expires 4/20/96) (Includes
Sunday Sales)
National Dairy Cattle Congress, 300 Rainbow Drive (Renewal) (Expires 3/1/96)
(Includes Sunday Sales)
3. Beer/Liquor License Permit Application
Class A
Knight of Pythias, 244 Ash (Renewal) (Expires 3/9/96) (Includes Sunday Sales)
Ayes: Seven. Motion carried.
BONDS
104372 - Getty/Mollenhoff
that the report of the City Attorney and list of bonds filed with the City Clerk
through February 27, 1995, be received, placed on file and report and bonds be
approved. Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
104373 - Ernie Boykin, PO Box 1801, announced that on March 3rd Youth Outreach would be
holding a breakfast at the First Lutheran Church to raise funds for the battered
women's shelter. Councilmembers will be assisting with the project and the public
is invited to attend.
February 27, 1995 Page 6
Oral Presentations - continued
Cheryl Farrington, 215 Sumner Street, stated her disgust with the Waterloo Police
Department. Her son was arrested today on a warrant from Tipton and Sgt. Hoffman
in the Police Department shut the door in her face when she approached him about her
son. Mayor Rooff referred this incident to Police Chief Koehrsen for investigation
and requested the Chief report back to the Mayor.
Getty/Collier
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
104374 - Assistant City Attorney Sang -Ki Han stated that labor negotiation is an approved top
of Executive Session per Section 20.17(3) of the Code of Iowa and review of non -
bargaining salaries is an approved topic of Executive Session per Section 21.9 of
the Code of Iowa.
Getty/Jordan
that the Council adjourn to Executive Session. Ayes: Seven. Motion carried.
104375 - Krizek/Collier
that the Council adjourn the Executive Session. Ayes: Seven. Motion carried.
ADJOURNMENT
104376 - Jordan/Collier
that the Council adjourn at 8:02 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk