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