Loading...
HomeMy WebLinkAbout06/13/1988June 13, 1988 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 June 13, 1988. Mayor Pro Tem Robert J. Brown in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak and Brown. Absent: Buck. Invocation by: Councilperson Dell Pledge of Allegiance: Pack 11, Longfellow School --James Mishler, Tim Perry and Jeff Perry 92262 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on June 13, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92263 - Moved by Wright, seconded by Angel that the Minutes of the Regular Session of June 6, 1988, at 7:00 accepted and approved. Motion carried. HEARINGS AND BIDS 92264 - Moved by Angel, seconded by Dell p.m., be that proof of publication of notice of public hearing and taking of bids on F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, as published in the Waterloo Courier on May 27, 1988, be received and placed on file. Motion carried. 92265 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Angel, seconded by Fox that "Resolution confirming the approval of plans and specifications in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-307. 92266 - Moved by Fox, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-308. 92267 - Moved by Angel, seconded by Wright to receive, file, instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation: (See Minutes of June 20, 1988 for award of contract). Bidder Bid Bond Bid Amount Aspro, Inc., Waterloo, Iowa 5% $1,420,428.85 Motion carried. HEARINGS 92268 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing on the lease purchase agreement with Illinois Company, Incorporated, for Peabody Myer Model 815C, as published in the Waterloo Courier on June 8, 1988, be received and placed on file. Motion carried. June 13, 1988 Page 2 92269 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Dell that "Resolution authorizing said Lease/Purchase Agreement for Peabody Myer Model 815C with Illinois Company, Incorporated", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-309. UNFINISHED BUSINESS 92270 - Moved by Dell, seconded by Budak that "Resolution approving the bid of Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $191,703.75 for the F.Y. 1988 Dry Run Creek Improvements, Contract No. 348", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-310. PETITIONS FROM PUBLIC 92271 - Moved by Budak, seconded by Angel that communication from City Engineer transmitting request of Robert D. Mauer for temporary concrete driveway, without regard to sidewalk grade, to be located at 132 Lovejoy Avenue, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-311. 92272 - Moved by Budak, seconded by Angel that communication from City Engineer transmitting request of Dawn R. Duven for temporary concrete driveway, without regard to sidewalk grade, to be located at 900 Prospect Boulevard, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-312. 92273 - Moved by Budak, seconded by Angel that communication from City Planner transmitting minor site plan amendment request of Crossroads Hardee's Restaurant for an addition to the existing building, together with recommendation of approval of Planning, Programming and Zoning Commission staff, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-313. 92274 Moved by Budak, seconded by Angel that communication from City Planner transmitting minor site plan amendment for Crossroads Country Kitchen for an addition to the existing building, together with recommendation of approval of Planning, Programming and Zoning Commission staff, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-314. 92275 - Councilperson Fox stated that he had received numerous telephone calls from persons living on McKellar Road regarding the dust created by closing East Shaulis Road. Fox continued that the residents on McKellar Road had recently participated in the City's oiling program and now due to the diversion of the traffic cannot identify that their road had any type of work done to it. Fox stated that he would like to amend the motion to not allow the use of McKellar Road for the detour to Kalsem Implement and Salvage. June 13, 1988 92275 - Moved by Fox, seconded by Angel (cont.) Page 3 that communication from Associate Engineer transmitting signing request for Kalsem Implement & Salvage to temporarily place a sign on City right-of-way at the southeast corner of East Shaulis Road and Foulk Road in conjunction with F.Y. 1986 East Shaulis Road Bridge Replacement, Contract No. 273, be received, placed on file and "Resolution approving said request with the amendment to not allow McKellar Road to be signed as the proposed detour during the 1986 East Shaulis Road Bridge Replacement Program", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-315. REPORTS 92276 - Moved by Budak, seconded by Fox that communication from Chairman of the Metro Teen Center Task Force transmitting recommendations of the Metro Teen Center Task Force, be received, placed on file and approved. Prior to the vote, Chante Roberts of 1232 Vine Street outlined the various recommendations from the Metro Teen Center Task Force. Some of the suggestions were: the need for a community/metro teen center for 9th through 12th grades to provide supervised, youth -oriented activities; that personnel from the City Planning and Zoning, Community and Economic Development, County Auditor's and Institutional Accounts maintain an awareness of existing facilities that could be utilized by the Metro Teen Center; and that the Cities of Cedar Falls, Evansdale and Waterloo and the Black Hawk County Board of Supervisors incorporate this goal in their long range plans. Councilperson Dell stated that it was a unanimous vote of the Metro Task Force that a teen center is needed in the community and he supports it wholeheartedly. Motion carried. 92277 - Moved by Wright, seconded by Fox that communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance from Miller Sandblasting & Painting of Forest City, Iowa, in the amount of $122,711.52, in conjunction with F.Y. 1988 Fourth Street Bridge Walkway Painting and Repairs, Contract No. 351, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-316. RESOLUTIONS TO BE ADOPTED 92278 - Moved by Fox, seconded by Dell that "Resolution authorizing execution of grant agreement for Community Economic Betterment Account (CEBA) project for Advanced Heat Treat Corporation in the amount of $15,000", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-317. 92279 - Moved by Fox, seconded by Dell that "Resolution authorizing the conveyance of a portion of the east -west alley between Wisconsin Street and LaPorte Road and between Byron Avenue and Hawthorne Avenue to David J. Hershberger", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-318. 92280 - Moved by Fox, seconded by Dell that "Resolution approving and providing for the execution of Housing and Community Development Block Grant Contract No. B -88 -MC -19-0008 with the U.S. Department of Housing and Urban Development (14th Year Community Development Block Grant)", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-319. June 13, 1988 Page 4 ORDINANCES TO BE ADOPTED 92281 - Moved by Wright, seconded by Fox that "an ordinance imposing a tax within the City of Waterloo, Iowa, of one percent (1%) upon local sales and services to become effective January 1, 1989, and providing that revenue shall be derived and allocated in accordance with Chapter 422B of the Code of Iowa (1987)", be received, placed on file, passed and considered for the second time. Prior to the vote, Mert Rowell of LaPorte City who owns a business in Waterloo questioned the length of time that the proposed sales tax would be in existence. Frank Dowie, Chairman of the Citizens for Property Tax Relief, stated that the sales tax would be in existence until either 5 percent of the persons voting in the last general election could call for a revote of the sales tax or three-fourths vote of the Council could call for it according to the ordinance. Chuck Angel, 2144 Cardinal Drive, stated that the information the committee was putting out was too late. It should have been ready as soon as the proposed sales tax was announced. Mark Suiter, 3117 Violet Street, stated that he would be for other forms of taxation other than the sales tax. He questioned why the City did not consider an income tax. Councilperson Angel stated that in order to make up the savings of the $100.00 proposed savings on property taxes that would be experienced by the property owners of the City of Waterloo, a person would have to spend $10,000.00 in taxable items. The question was raised whether the City of Waterloo would lose retail business to Cedar Rapids if a one percent sales tax were to be imposed. Frank Dowie stated that he had recently visited the City of Ames which does have the one percent sales tax and questioned five merchants in Ames to whether they have lost any business to the City of Des Moines. Dowie continued that the persons that were questioned were originally opposed to the sales tax but were now totally in favor of it due to the fact that there had been no leakage of business to the City of Des Moines and that the sales tax had provided additional streets and parks for the community. Mark Suiter questioned why the Committee had not published articles in the paper explaining the various details about the tax. Frank Dowie stated that they first needed the City Council to adopt the ordinance and then a campaign to raise funds to promote the referendum would be initiated. Jimmy Porter, 527 Cottage Street, spoke with concern over the loss of personnel in the Fire Department. Porter continued that he would like to see a more equitable allotment of monies into streets and more money into the Fourth Ward. Portion questioned the proposed selection of the Quality of Life Commission. Jim Sage, 830 Big Rock Road, stated that he felt it was a false assumption that the property tax would not rise again after the sales tax was in place. Sage continued that he would question the financial wisdom of the City in several of the projects that have been completed such as the $75,000 bridge replacement on Burton Avenue, the sanitary sewer agreement between the Black Hawk County and the City of Waterloo. Sage asked the Council to do a study on the pros and cons of the proposed sales tax issue. Councilperson Dell questioned why more information had not been given to the media regarding the sales tax. He stated that the inquiries could be answered if the information were given to the media. Frank Dowie stated that in order to develop a public information campaign, the Council first must pass the resolution calling for the election. The Committee can then start soliciting funds to do a campaign for the successful passage of the proposed sales tax. Dowie stated that he could not control the press regarding the coverage of the sales tax. Ayes: Six. Absent: Buck. Motion carried. June 13, 1988 Page 5 92282 Moved by Wright, seconded by Angel that "an ordinance amending the 1988 Traffic Code by repealing Subsection (148) Sycamore Street and Vinton Street of Section 540, Obedience to Official Traffic -Control Devices; and by Repealing Subsection (130) Vinton Street of Section 543, thru Streets, and by enacting in lieu thereof a new Subsection (130) Vinton Street of Section 543, Thru Streets", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. 92283 Moved by Dell, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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: Six. Absent: Buck. Motion carried. 92284 Moved by Fox, seconded by Wright that "an ordinance amending the 1988 Traffic Code by repealing Subsection (148) Sycamore Street and Vinton Street of Section 540, Obedience to Official Traffic -Control Devices; and by repealing Subsection (130) Vinton Street of Section 543, Thru Streets, and by enacting in lieu thereof a new Subsection (130) Vinton Street of Section 543, Thru Streets (removal of traffic signal at Vinton and Sycamore Streets)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3560. 92285 Moved by Fox, seconded by Dell that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 34-28, Definitions, and Subsection 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof a new Subsection 34-28, Definitions, and new Subsection 34-43, Determination of Rates and Charges, of Chapter 34, Utilities (Sewer Rates)", be received, placed on file, passed and considered for the first time. Prior to the vote, Bruce Bottorff, Superintendent of the Water Pollution Control Plant, explained to the Council the proposed sewer rate increases plus the proposed minimum charge for apartments and trailer houses. Vonnie Jackson, 1838 Howard Avenue, stated that she was opposed to the sewer rate increases and felt that if water rates go up that would automatically trigger another sewer rate increase. Bruce Bottorff stated that sewer rates are not determined by the amount of money you pay for water, but by usage. Gene Walter, 7059 LaPorte Road, objected to the proposed minimum charge being placed on each individual apartment. Walter continued that it is difficult now to rent apartments even without a sewer increase. He stated that he was against the raise. Ayes: Six. Absent: Buck. Motion carried. BILLS PAYMENT 92286 - Moved by Angel, seconded by Fox that "Resolution approving Schedule A918, pp. 1-58, in the amount of $1,120,259.55, and Schedule W900, pp. 1, in the amount of $600.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-320. NEW BUSINESS 92287 - Moved by Dell, seconded by Wright that communication from the Superintendent of Water Pollution Control Plant transmitting recommendation of approval of Jeanne McCool for the Laboratory Technician I position at the Water Pollution Control Plant effective July 11, 1988 be received, placed on file and approved. Motion carried. June 13, 1988 Page 6 Travel Request 92288 - Moved by Dell, seconded by Wright that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. John E. Lockett, Sergeant, to attend Heckler & Koch MP5 Weapons School on June 22-24, 1988 in Ames, Iowa, with costs not to exceed $368.00, including the use of a City vehicle. Motion carried. MISCELLANEOUS 92289 Moved by Dell, seconded by Wright that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and applications for Outdoor Cafe/Beer Garden and theater licenses be received, placed on file and approved: 1. Beer and Wine License Permit Application Class C Mama Nick's Circle Pizzeria, Inc., 1934 Washington (Renewal) (Expires 7/5/89) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class A Fraternal Order of Eagles Aerie, 202 East 1st Street (Renewal) (Expires 7/1/89) (Includes Sunday Sales) 3. Beer and Liquor License Permit Application Class C Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/10/89) (Includes Sunday Sales) Mandarin Cafe, 510 Mulberry Street (Renewal) (Expires 6/30/89) (Includes Sunday Sales) Zodiac, 319 Jefferson (Renewal) (Expires 7/19/89) Application for Outdoor Cafe/Beer Garden Stoney's Pub & Deli, 169 Crossroads Application for Theater License Crossroad 7 Theaters, 2450 Crossroads Boulevard Devils Den, 319 West 4th Street Motion carried. BONDS 92290 Moved by Angel, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk/Auditor through June 13, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92291 - Councilperson Angel stated that she was unaware that the trees were going to be cut down along East Fourth Street next to Lincoln Park. She questioned the reason for the trees being eliminated. Councilperson Wright stated that she had the same concerns and that she was unaware that the trees were to be removed. Councilperson Dell stated that he was aware the trees were going to be removed based on Rick Tagtow's memo regarding the work being completed on East Fourth Street would jeopardize the life of the tree due to the cutting into the roots of the major trees. Dell stated that he has no doubt that the trees had to be cut down based on the fact that Rick would find any means of saving a tree before it was removed. June 13, 1988 Page 7 92291 - Concern was raised regarding the lighting at the boat ramp to the Cedar River. (cont.) Concerns were that the boat ramp is not lit after 11:00 at night. Rick Tagtow, Parks Director, stated that all parks lights are timed to go off at 11:00 p.m., except in hazardous areas. He continued that all parks closed at 11:00 p.m. and in order to conserve energy, most of the park lights are on timers. Mr. Tagtow continued that he would check into the light situation at the boat ramp and try to resolve it. Moved by Dell, seconded by Wright to receive and file the above comments. Motion carried. ADJOURNMENT 92292 - Moved by Dell, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor