Loading...
HomeMy WebLinkAbout04/14/1997April 14, 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, April 14, 1997. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Krizek, Murphy, Anders, Collier, Mollenhoff. Absent: Getty Invocation by: Reverend Marcia Phillip, Ambassadors for Christ Church Pledge of Allegiance: Walter Reed, Executive Director of Human Rights 108240 - Krizek/Jordan that the Agenda, as amended, for the Regular Session on Monday, April 14, 1997 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. 108241 - Murphy/Collier that the Minutes, as proposed, for the Regular Session on Monday, April 7, 1997 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion carried. Mayor Rooff read a Proclamation declaring the week of April 13-19, 1997 as National Crime Victims' Rights Week. Mayor Rooff read a Proclamation declaring the week of April 20-26, 1997 as Arbor Week. Mayor Rooff read a Proclamation declaring the week of April 20-26, 1997 as Clean - Sweep Week and April 26, 1997 as Clean -Sweep Day. Presentation of Main Street Iowa Volunteer Group Award. Presentation of the Silver Service that will be given to the commander of USS THE SULLIVAN (DDG 68). HEARINGS AND BIDS 108242 - Krizek/Collier that proof of publication of notice of public hearing on plans of contract, etc. and taking of bids for F.Y. 1997 Sidewalk 9, Contract No. 530, as published in the Waterloo Courier received and placed on file. Ayes: Six. Absent: Getty. , specifications, form Repair Program - Zone on April 2, 1997, be Motion carried. 108243 - 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. Ayes: Six. Absent: Getty. Motion carried. 108244 - Jordan/Krizek that "Resolution confirming the approval of plans, specifications, etc. in conjunction with F.Y. 1997 Sidewalk Repair Program - Zone 9, Contract No. 530", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-147. 108245 - Murphy/Collier that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-148. 108246 - Collier/Jordan to receive, file and instruct City Clerk to open and read bids Engineer for review: Bidder Christy Corporation, Waterloo, IA Dolan Concrete & Masonry, Inc., Waterloo, IA Quick Construction Co., Waterloo, IA Suckow Concrete Construction, Inc., Hazleton, IA Ayes: Six. Absent: Getty. Motion carried. UNFINISHED BUSINESS 108247 - Krizek/Jordan and refer to City Bid Bond Bid Amount $4,950.00 5% None 5% $ 98,811.52 $100,492.68 $ 93,465.40 $ 96,113.58 that communication from Superintendent of Parks transmitting recommendation of award of contract in the amount of $302,350.00 to Midwest Irrigation of East Dubuque, Iowa in conjunction with Byrnes Park Golf Course Irrigation System, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-149. April 14, 1997 PETITIONS FROM PUBLIC 108248 - Krizek/Collier Page 2 that communication from Assistant City Engineer transmitting request of Aspro, Inc. & Subsidiaries for a variance to Chapter 25.5 of the Noise Control Ordinance, effective April 15, 1997 to November 1, 1997 in conjunction with F.Y. 1997 Street Reconstruction Program, Contract No. 526, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-150. 108249 - Krizek/Collier that communication from Assistant City Engineer transmitting request of Aspro, Inc. & Subsidiaries for a variance to the Truck Embargo Ordinance on Ridgeway Avenue from West 4th Street to Baltimore Street, Ansborough Avenue from Sergeant Road to San Marnan Drive, and Williston Avenue from West llth Street to Washington Street, effective April 15, 1997 to November 1, 1997 in conjunction. with F.Y. 1997 Street Reconstruction Program, Contract No. 526, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-151. 108250 - Krizek/Collier that communication from Associate Engineer transmitting request of Peterson Contractors, Inc. for a variance to the Truck Embargo Ordinance on Beech Street from Douglas Street to Adams Street, Mohawk Street from Independence Avenue to Glenwood Street and Glenwood Street from Mohawk Street to Linden Avenue, effective April 15, 1997 to December 31, 1997 in conjunction with Martin Luther King Jr. Drive Construction, Phase III, Contract No. 516, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-152. REPORTS 108251 - Mollenhoff/Jordan that communication from City Clerk transmitting March 1997 Financial Report, with total revenues in the amount of $5,567,327.05 and total expenses in the amount of $3,772,240.21, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. DOCUMENTS 108252 - Krizek/Jordan that communication from City Engineer transmitting Five Year Street Construction Program for Road Use Tax Fund (R.U.T. 4A), be received, placed on file and "Resolution approving said document", be adopted and City Clerk instructed to file with the Iowa Department of Transportation. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-153. 108253 - Krizek/Jordan that communication from Finance Manager transmitting an amendment to contract with Speer Financial for financial advisory services to include the preparation and annual release of the Continuing Disclosure Document as required by Securities Exchange Commission (SEC) regulations, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-154. RESOLUTIONS TO BE ADOPTED 108254 - Murphy/Anders that "Resolution amending Resolution No. 1996-700 to coincide with the development agreement approved on November 18, 1996 and to incorporate all three phases of Hunt - Wesson Inc. project at MidPort America", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-155. 108255 - Murphy/Anders that "Resolution authorizing certification of demolition fees in the amount of $49,412.00 for property located at 319 West Fourth Street, as authorized per Iowa Code", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1997-156. April 14, 1997 Page 3 ORDINANCES TO BE ADOPTED 108256 - Anders/Murphy that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 76 to Section 2A -7N, Rezoning Certain Property", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Getty. Motion carried. 108257 - Krizek/Jordan that "an Ordinance amending the 1996 Traffic Code by adding Subsections (77a) Park Lane (West) and (99a) Southbrooke Drive to Section 553, No Parking Here To Corner (install "No Parking Here to Corner" on Park Lane, just west of Brockway Road between Brockway Road and the drive to the Northern Iowa Urological Associates; install a bus zone on the north side of Southbrooke from W. 9th Street to Exceptional Persons service walk)", be received, placed on file, considered and passed for the third time and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4226. 108258 - Jordan/Collier that "an Ordinance amending the 1996 Traffic Code by repealing Subsection (93) Maynard of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (93) Maynard of Section 543, Thru Streets; and by adding Subsection (20a) Hanna and Maynard to Section 544, All -Way Stop Intersections (installing four way stop signs at intersection of Hanna and Maynard Avenue)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Getty. Motion carried. 108259 - Mollenhoff/Jordan that rules requiring ordinances to be considered and passed for passage at two prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried. 108260 - Murphy/Krizek that "an Ordinance amending the 1996 Traffic Code by repealing Subsection (93) Maynard of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (93) Maynard of Section 543, Thru Streets; and by adding Subsection (20a) Hanna and Maynard to Section 544, All -Way Stop Intersections (installing four way stop signs at intersection of Hanna and Maynard Avenue)", be considered and passed for the third time and adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4227. 108261 - Jordan/Collier that "an Ordinance amending the 1996 Traffic Code by adding Subsection (2a) Cutler to Section 554, No Parking Here to Drive (install no parking sign at 426 Cutler to driveway)", 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. Mollenhoff reported that he had visited the location of this request during the past week. It is his opinion that boarding would be easier for wheelchairs off the driveway rather than the curb protected by this ordinance. He does recommend that the ADA Committee review our policies for handicap accessibility before adopting any ordinance. Anders stated that this was requested by a mother in her seventies for her daughter in her fifties that is confined to a wheelchair. There does seem to be some neighborhood dispute which is precipitating the request. Anders doesn't support passing an ordinance to deal with the issue. Other requests of this nature have been denied and he would like information on input before creating laws that need to be enforced. Mike Mrzlak, Superintendent of Traffic Operations, reported that his office has had several requests for handicap parking designations in residential areas. His staff is surveying other cities to inquire how they deal with such requests. Mayor Rooff asked Mrzlak and Lou Cutwright to place this issue before the ADA Committee for their recommendation. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Krizek, Murphy, Anders, Mollenhoff. Absent: Getty. Motion fails. 108262 - Anders/Murphy that request of Councilperson Jordan to reconsider an Ordinance amending the 1996 Traffic Code by repealing Subsection (2) Airline Highway (West) also known as Highway 57, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (2) Airline Highway (West) also known as Highway 57 (reduce the speed limit on Airline Highway from Logan Avenue to the west corporate city limits from 55 mph to 45 mph), be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. April 14, 1997 Ordinances to be Adopted - continued 108263 - Jordan/Anders Page 4 that "an Ordinance amending the 1996 Traffic Code by repealing Subsection (2) Airline Highway (West) also known as Highway 57, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (2) Airline Highway (West) also known as Highway 57 (reduce the speed limit on Airline Highway from Logan Avenue to the west corporate city limits from 55 mph to 45 mph)", 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. Krizek stated that she has clients out on Airline Highway and solicited their input. The businesses have no objection to lowering the speed limit and feel with the condition of the road and the number of driveways it would be safer at a lower speed. Anders concurred that after speaking with the businesses along Airline Highway the majority are in support of the change. Roy Kennedy, 1850 W. Airline Highway, informed the Mayor and Council that the amount of heavy traffic has grown with the addition of two concrete companies, an asphalt company and several truck terminals. The speed needs to be reduced which is evident by the number of serious accidents that have already occurred. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Getty. Motion carried. 108264 - Anders/Jordan that the letter from Roy Kennedy, 1850 W. Airline Highway, in support of lowering the speed on W. Airline Highway, be received and placed on file. Ayes: Six. Absent: Getty. Motion carried. BILLS PAYMENT 108265 - Mollenhoff that "Resolution approving Schedule AP640, pp. 1-65 dated April 14, 1997 in the amount of $1,386,559.02, a copy of which is on file in the City Clerk's office", be adopted, with Councilperson Mollenhoff abstaining on PV 23395. Ayes: Six. Absent: Getty. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 1997-157. Travel Requests 108266 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bruce Meisinger, Finance Manager, to attend the Iowa Municipal Finance Officers Association Spring Conference in Des Moines, Iowa on April 24-25, 1997, with costs not to exceed $220.00. 2. Steve Bagenstos, Crime Lab Investigator, to attend Investigation Seminar in Miami, Florida on May 5-9, 1997, exceed $940.00. 3. Mayor John Rooff and Susan Fangman, City Clerk, to attend the for America's Future in Philadelphia, Pennsylvania on April costs not to exceed $1,300.00 per person. Ayes: Six. Absent: Getty. Motion carried. MISCELLANEOUS 108267 - Anders/Jordan Physical Evidence with costs not to Presidents' Summit 27-29, 1997, with 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 outdoor service area applications, fireworks display applications and 30 day extension on going out of business sale, be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Women's Softball Association, Exchange Park (Seasonal --4/25/97 - 10/25/97) (Includes Sunday Sales) Waterloo Women's Softball Association, Corner of Burton & Longfellow (Seasonal - 4/28/97 - 10/28/97) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Brooster's and Celebrations, 3555 University Avenue (Renewal) (Expires 4/2/98) (Includes Sunday Sales) April 14, 1997 Page 5 Miscellaneous - continued Application for Outdoor Service Area Waterloo Women's Softball Association, Exchange Park --4/25/97 - 10/25/97 Waterloo Women's Softball Association, Corner of Burton & Longfellow --4/28/97 10/28/97 Brooster's and Celebrations, 3555 University Avenue --4/21/97 - 4/21/98) Application for Fireworks Display Northeast Iowa Figure Skating Club at Young Arena on April 19, 1997 My Waterloo Days/Chamber of Commerce Laser/Fireworks Show on June 7, 1997 30 Day Extension of Going Out of Business Sale Ace Ben Franklin, 2074 Logan Avenue --4/19/97 - 5/19/97 Ayes: Six. Absent: Getty. Motion carried. BONDS 108268 - Mollenhoff/Collier that the report of the City Attorney and list of bonds filed with the City Clerk through April 14, 1997, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 108269 - Jordan/Collier that the Council adjourn at 7:55 p.m. Ayes: Six. Absent: Getty. Motion carried. Susan Fangman City Clerk COUNCIL WORK SESSION April 14, 1997 5:45 p.m. Second Floor Conference Room Members present: Mayor Rooff, Jordan, Krizek, Murphy, Mollenhoff, Anders, Collier, Airport Commissioners Petersen, Heaton, Den Hartog. Members absent: Getty, Airport Commissioners Hoffman, Meyer. Moved by Murphy, seconded by Jordan to approve the agenda as proposed. Ayes: Six. Absent: Getty. Motion carried. Airport Commission Chairperson Bob Petersen reported on the bids received for the construction of a new hangar at the Airport. The low bid received from Prairie Construction was $713,000.00 which is higher than previous estimates. Financing the project will need to be changed to reflect this higher cost. Several items have been looked at for removal from the project to lower costs. Taking out the alternate for aluminum siding will save approximately $63,000.00 and the Commission has consensus to remove it. Other items which could be deleted have a lower cost benefit ratio. The removal of the parapet design will save $20,900 but was included to improve the cosmetic appearance of the Airport Elimination of the design issues such as radiant heat in the floors, elimination of bathrooms or windows would have an impacton the attractiveness of the leased area to prospective customers. Petersen reported that there is an anticipated revenue of $5,000 per month from tenants that have signed letters of intent with the Airport Commission. The rent would allow the project to pay for itself if amortized over a twenty year period. Petersen acknowledged that this doesn't comply with the city's normal repayment schedule of fifteen years for bonded indebtedness. The anticipated revenues are projected at normal or higher rent for comparable hangar space, so increasing revenue does not seem to be an option. The Commission must accept the bid by the middle of the week or risk an increase in prices in several areas. The Commission is asking the City Council to give some indication of their preference in the amortization period or financing methods. Councilperson Murphy asked if the project will cash flow if any tenants are lost. Petersen reported that it would not cash flow without being at full capacity but lack of prospective tenants doesn't seem to be a problem. There are the letters of intent from three entities which will store seven to eight aircraft total in the hangar. Airport Commissioner Den Hartog reviewed the possible financing mechanisms that could be used for the hangar project. If the Airport Commission were to obtain a lower interest loan from the Revolving Loan fund in addition to conventional financing then the cash flow projections could be changed. Den Hartog asked if the city would insist on the fifteen year amortization or allow a twenty year schedule. Krizek asked what source of financing is being considered. Petersen reported that an AMT blended rate with funds from the Revolving Loan are suggested. Mayor Rooff asked if any of the amenities could be phased in. Petersen explained that everything which has been reviewed seems to be basic amenities with no :frills except the parapet. Murphy asked what the term of the contracts with the tenants were? Petersen indicated that the contracts would be for three years. It is anticipated that the contracts would be negotiable after that term. Bob Heaton pointed out that the useful life of the hangars exceeds thirty years. There hasn't been any hangars built or improvements in over sixteen years and the revenue from leasing is contributed to operations. Den Hartog indicated that he would like a fifteen year term for financing to save the interest costs of approximately $50,000. Den Hartog suggested using revenue from other sources to supplement the income stream to firm up the ability to use a fifteen year financing term. 41 Anders supported the fifteen year term if funds could be accessed through the Revolving Loan fund. Petersen acknowledged that the project has a twenty year cash flow but will look to get a fifteen year program approved for financing. Mayor Rooff stated that he prefers looking at making the project self-supporting because there are additional needed improvements to the airport that haven't been addressed yet. Mollenhoff supported approving the project with all the basic amenities included to eliminate the need for additional improvements at a later date. The council formed a consensus to agree to seeking a fifteen to twenty year term for financing the project. With no further discussion, it was moved by Jordan, seconded by Collier to adjourn the meeting at 6:30 p.m. Ayes: Six. Absent: Getty. Motion carried. Susan Fangman City Clerk COUNCIL WORK SESSION April 14, 1997 5:00 p.m. Second Floor Conference Room Members present: Mayor Rooff, Jordan, Krizek, Murphy, Mollenhoff, Anders, Collier. Members absent: Getty. Moved by Jordan, seconded by Murphy to approve the agenda as proposed. Ayes: Six. Absent: Getty. Motion carried. City Attorney James Walsh expressed the opinion that it is appropriate for the council to adjourn to executive session under the provisions of Iowa Code Section 21.5 {c} to review matters relating to the litigation with IBP. Moved by Mollenhoff, seconded by Krizek to adjourn to Executive Session per section 21.5{c} of the 1996 Code of Iowa. Roll Call. Ayes: Jordan, Mollenhoff, Krizek, Murphy, Anders, Collier. Absent: Getty. Motion carried. Meeting went into closed session at 5:10 p.m. EXECUTIVE SESSION At the conclusion of the discussion, it was moved by Jordan, seconded by Mollenhoff to adjourn the Executive Session at 5:55 p.m. Roll Call. Ayes: Jordan, Mollenhoff, Krizek, Murphy, Anders, Collier. Absent: Getty. Motion carried. Moved by Mollenhoff, seconded by Jordan to adjourn the meeting at 5:56 p.m. Ayes: Six. Absent: Getty. Motion carried. Susan Fangman City Clerk