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HomeMy WebLinkAbout11/03/1997November 3, 1997 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 3, 1997. Mayor John R. Rooff in the Chair. Roll Call: Getty, Jordan, Krizek, Murphy, Anders, Collier, Mollenhoff. Invocation by: Reverend Charles Orr, Chaplain at Western Home Pledge of Allegiance: Bruce Meisinger, Finance Manager 109370 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, November 3, 1997, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 109371 - Murphy/Jordan that the Minutes, as proposed, for the Regular Session on Monday, October 27, 1997, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 109372 - Krizek/Jordan that proof of publication of notice Interconnect and W. 3rd Street at U.S. Improvements, CS -TSF -8155(17)--85-07; Waterloo Courier on October 17, 1997, Seven. Motion carried. 109373 - This being the time and place of public oral objections and there were none. Jordan/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 109374 - Krizek/Mollenhoff of public hearing on the Subsystem "W" Highway 63 (Sergeant Road) Traffic Signal UST -63-6(63)--4A-07, as published in the be received and placed on file. Ayes: hearing, the Mayor called for written and that "Resolution confirming approval of plans, specifications, form of contract, etc., in conjunction with the Subsystem "W" Interconnect and W. 3`d Street at U.S. Highway 63 (Sergeant Road) Traffic Signal Improvements, CS -TSF -8155(17)--85- 07; UST -63-6(63)--4A-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-678. 109375 - Murphy/Collier that "Resolution ordering construction of the above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-679. 109376 - Collier/Mollenhoff to receive, file and instruct City Clerk to open and read bids and refer to Traffic Engineer for review (see CR 109410 for award of contract): Bidder Voltmer Electric, Inc., Decorah, IA KWS Electric, Inc., Cedar Falls, IA Ayes: Seven. Motion carried. HEARINGS 109377 - Mollenhoff/Collier Bid Bond 5% 5% Bid Amount $162,600.00 $171,524.00 that proof of publication of notice of public hearing on the vacation, sale, and conveyance of the easterly 120 feet of Saxon Street between Dane and Argyle Streets, extending westerly from E. 4th Street to Stanford and Associates, Inc. for $924.00, as published in the Waterloo Courier on October, 27, 1997, be received and placed on file. Ayes: Seven. Motion carried. November 3, 1997 Page 2 109378 - 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. 109379 - Collier/Jordan that "an Ordinance vacating the easterly 120 feet of Saxon Street between Dane and Argyle Streets, extending westerly from E. 4th Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 109380 - Mollenhoff/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 109381 - Jordan/Murphy that "an Ordinance vacating the easterly 120 feet of Saxon Street between Dane and Argyle Streets, extending westerly from E. 4th Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4264. 109382 - Mollenhoff/Collier that "Resolution authorizing the sale and conveyance of the easterly 120 feet of Saxon Street between Dane and Argyle Streets, extending westerly from E. 4th Street to Stanford and Associates, Inc. for $924.00", be adopted, and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-680. 109383 - Collier/Murphy that proof of publication of notice of public hearing on the Amendment to Lease Option with Ryan Construction for 30 acres of airport property generally located along Airline Highway, as published in the Waterloo Courier on October 28, 1997, be received and placed on file. Ayes: Seven. Motion carried. 109384 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty asked if the lease option was being extended for one year. City Attorney Jim Walsh stated that the lease option with Ryan Construction is for one extra year. The original property that Ryan Construction had a lease option was used for the Hunt -Wesson facility. Ryan Construction agreed to move the location of the land, so the legal description must be corrected. Jordan/Murphy that the hearing be closed and oral and written comments be :received and placed on file. Ayes: Seven. Motion carried. 109385 - Mollenhoff/Collier that "Resolution approving amendment to said lease option"', be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-681. 109386 - Anders/Collier that proof of publication of notice of public hearing on the E.Y. 1998 Broadway Street/West Donald Street Intersection Improvements STP -U-8155(11)--70-07, Contract No. 511, as published in the Waterloo Courier on October 28, 1997, be received and placed on file. Ayes: Seven. Motion carried. November 3, 1997 Page 3 109387 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Trevor Evers, 1320 filed his objection because he believes highway. Mr. Evers W. Donald Street, was unable to attend tonight's meeting and with the City Clerk's office. Mr. Evers opposes the project more lanes will cause a hazard for the children crossing the would like the street to be blacktopped only. Councilperson Anders stated that the project includes changes to the traffic lights and arrows. Councilperson Anders spoke with Mr. Evers, and Mr. Evers is against new lanes and wants the improvements to include black topping only. Krizek/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 109388 - Anders/Murphy that "Resolution authorizing to proceed with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-682. PETITIONS FROM PUBLIC 109389 - Krizek/Mollenhoff that communication from city Engineer transmitting request of American Colloid Company for an asphalt driveway to be located at 1812 Water Street, 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. 1997-683. DOCUMENTS 109390 - Krizek/Mollenhoff that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance for work performed by B & B Builders & Supply of Waterloo, Iowa, in conjunction with F.Y. 1996 Concrete and Structure Repair Program, Contract No. 502, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-684. 109391 - Krizek/Mollenhoff that communication from Fire Chief transmitting 28E Agreement with Winnishiek County and the Northeast Iowa Response Group to provide hazardous material technical support, 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. 1997-685. 109392 - Krizek/Mollenhoff that communication from Administrative Director transmitting contract with Johnson Controls Co. Inc. in the amount of $196,010 in conjunction with the Energy Conservation DDC Control Project, Building Controls Replacement for City Hall, Recreation & Arts Center and Waterloo Public Library, be received, placed on file and "Resolution approving said contract", be adopted, and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-686. 109393 - Krizek/Mollenhoff that communication from City Planner transmitting an agreement with RUST Environmental and Infrastructure for construction of recreational trail from West 18"' Street to the Cedar Valley Nature Trail in conjunction with Highway 218 November 3, 1997 Page 4 Trail, Phase III, be received, placed on file and "Resolution approving said agreement", be adopted, and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Mollenhoff questioned the funding source for the project. Don Temeyer, City Planner, stated the city received statewide enhancement funds in the amount of $725,149.00 for the total project. The design and construction cost for this phase has a maximum not to exceed amount of $105,000.00 of which the city would be required to pay 13 percent or $13,650.00. 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. 1997-687. RESOLUTIONS TO BE ADOPTED 109394 - Mollenhoff/Krizek that "Resolution approving total acquisition and contract payments and accepting deeds for Parcel No. 11 (Francis Spooner) in the amount of $380.32 and Parcel No. 12-14 (Francis Spooner) in the amount of $1,146.28 in conjunction with Riverview Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-688. 109395 - Mollenhoff/Krizek that "Resolution approving partial acquisition and contract payments and accepting deeds for Parcel No. 9 (Black Hawk County) at no cost in conjunction with Broadway and Donald Street Intersection Reconstruction Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-689. 109396 - Mollenhoff/Krizek that "Resolution approving commencement of condemnation proceedings for Parcel Nos. 1-8 (Wanetta Daniels) to acquire property in conjunction with Riverview Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-690. ORDINANCES TO BE ADOPTED 109397 - Jordan/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 30, Plumbing, and any other ordinances regarding plumbing; and enacting in lieu thereof a new Chapter 30, Plumbing (adoption of the Uniform Plumbing Code and fee adjustments to reflect the national trend), be tabled indefinitely and referred to the Plumbing Board. Ayes: Seven. Motion carried. 109398 - Krizek/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 2-195.4, Composition, appointments to commission of Division 5, Memorial Hall Commission, Article VII, Boards and Commissions, of Chapter 2, Administration, in its entirety and enacting in lieu thereof new Section 2-195.4, Composition, appointment to commission of Division 5, Memorial Hall Commission, Article VII, Boards and Commissions, of Chapter 2, Administration, (increasing membership from five to eleven)", be received, placed on file and considered and passed for the first time. Prior to a vote on the above motion the following comments were heard. Councilperson Getty stated that he thinks its great that many veteran organizations have stepped up and want to be a part of the Memorial Hall Commission. November 3, 1997 Page 5 Councilperson Anders stated that he has staffed an item for another commission with 11 members that has trouble reaching a quorum, and that sometimes 11 members can be too many. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 109399 - Mollenhoff/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 109400 - Collier/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 2-195.4, Composition, appointments to commission of Division 5, Memorial Hall Commission, Article VII, Boards and Commissions, of Chapter 2, Administration, in its entirety and enacting in lieu thereof new Section 2-195.4, Composition, appointment to commission of Division 5, Memorial Hall Commission, Article VII, Boards and Commissions, of Chapter 2, Administration, (increasing membership from five to eleven.)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4265. BILLS PAYMENT 109401 - Mollenhoff that "Resolution approving Schedule AP640, pp. 1-53 dated November 3, 1997 in the amount of $351,137.20, a copy of which is on file in the City Clerk's Office", be adopted, with Councilperson Jordan abstaining on PV 8135, together with recommendation of approval of Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-691. NEW BUSINESS 109402 - Anders/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of David Ross to the position of Sewer Maintenance, effective November 4, 1997, be received, placed on file and approved. Ayes: Seven. Motion carried. 109403 - Mollenhoff/Murphy to instruct City Engineer to prepare specifications, form of contract, etc., in conjunction with the F.Y. 1998 Salvaged Asphalt Crushing, Contract No. 555, be received, placed on file and approved. Ayes: Seven. Motion carried. 109404 - Jordan/Anders that specifications, form of contract, etc., in conjunction with the F.Y. 1998 Salvaged Asphalt Crushing, Contract No. 555, be received placed on file. Ayes: Seven. Motion carried. 109405 - Murphy/Collier that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with the F.Y. 1998 Salvaged Asphalt Crushing, Contract No. 555", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-692. 109406 - Mollenhoff/Jordan that "Resolution setting date of hearing on specification, etc., and taking of bids as November 17, 1997 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-693. November 3, 1997 TRAVEL REQUESTS 109407 - Krizek/Jordan Page 6 that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Carl Teske and Adam Galbraith, Police Officers, to attend the Bi -Regional Impaired Driving Conference in Chicago, Illinois, on December 15-17, 1997, with total costs not to exceed $1,037.00 of which $80.00 will be City expense, including the use of city vehicle. 2. Michael McNamee, Kevin Dill, Ted Kraft, and Corbin Payne, Police Officers, Street Enforcement Unit, to attend Aggressive Patrol Tactics School in Omaha, Nebraska, on December 1-2, 1997 with total costs not to exceed $1,870.00, including the use of city vehicle. 3. Lou Ball, Fire Fighter, to attend 1997 NFPA Fall Meeting in Kansas City, Missouri, November 15-19, 1997 with costs not to exceed $883.20. Ayes: Seven. Motion carried. MISCELLANEOUS 109408 - Getty/Krizek 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 License Permit Application Class C Goose Creek Auto/Truck Plaza Inc., 2424 Ranchero Road (Renewal) (Expires 10/31/98) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C El Charro, 302 West 4th Street (Renewal) (Expires 11/9/98) Embassy Lounge, 225 East 5`h Street (Renewal) (Expires 11/22/98) (Includes Sunday Sales) Mick's, 501 West 4a' Street (New) (Expires 11/4/98) Ayes: Seven. Motion carried. BONDS 109409 - Mollenhoff/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through November 3, 1997, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. 109410 - Mollenhoff/Krizek that "Resolution authorizing award of contract to Voltmer Electric, Inc. of Decorah, Iowa in the amount of $162,600.00 in conjunction with Subsystem "W" Interconnect and W. 3rd Street at U.S. Highway 63 (Sergeant Road) Traffic Signal Improvements, CS -TSF -8155(17)--85-07, UST -63-6(63)--4A-07", be adopted (see CR 109376 for bid opening). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1997-694. ORAL PRESENTATIONS 109411 - Ann Olsson, President of the City View Neighborhood Association, stated that the City View, Gates Park and We Care Neighborhood Associations are concerned with the traffic problem on Newell Street. They are not against economic development, but are concerned with the traffic problem. They are requesting help with this issue. The traffic has been getting continuously worse since John Deere located in that area. IBP and Eagle Tanning Co. also contribute to the problem, and the problem will only get worse when Ryder Dedicated Logistics Inc. and Metokote businesses are running full speed in the new industrial park. Motorists consistently speed and run the four-way stop signs at the East Fourth Street and Idaho Street intersection on Newell. Ms. Olsson stated that the Associations are concerned November 3, 1997 Page 7 with everyone who travels Newell Street and especially the children. They are concerned there could be serious accidents. Homeowners have complained about the damage to their homes caused by truck vibrations. The three Associations asked that the council review the following measures to improve the traffic problem: 1) a truck embargo on Newell from 35 mph speed limit to Highway 63; 2) putting up traffic lights at the four-way stop signs; 3) seriously enforce the speed limit; 4) control double parking on the street; and 5) no parking in the 1900 block of Newell Street. Mayor Rooff stated that a meeting was held at 6:00 p.m. this evening and the above ideas came out of that meeting. Martin Luther King Jr. Drive should be open to Idaho within two weeks. He referred this issue to Councilperson Collier and the Traffic Operations Department and asked that the item be brought back to the council in two weeks. Councilperson Collier stated that a Gates Park Neighborhood Association meeting will be held at Roosevelt School at 6:00 p.m. on Tuesday evening. The Association must utilize the funds granted to them this year. Mayor Rooff reminded everyone to vote on Tuesday, November 4, 1997. Krizek/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 109412 - City Attorney Jim Walsh stated that labor negotiation strategy is an approved topic for Executive Session per Iowa Code Section 20.17(3)(1997). Getty/Jordan to adjourn to Executive Session at 7:39 p.m. Ayes: Seven. Motion carried. 109413 - Jordan/Collier to adjourn the Executive Session at 7:50 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 109414 - Krizek/Collier that the Council adjourn at 7:50 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk