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HomeMy WebLinkAbout04/09/90April 9, 1990 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 April 9, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Councilperson Sammie Dell 95530 - Mayor Bernie McKinley read a proclamation recognizing and endorsing the Waterloo Project SAFE Task Force and the City's support and cooperation in becoming an Iowa Substance Abuse Free Environment Community. Mayor McKinley recognized the Waterloo Columbus High School Girls State Basketball Champions by presenting each team member and coach with a Certificate of Recognition. Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on April 9, 1990, at 7:00 p.m., and the Minutes of the Regular Session held on April 2, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95531 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on the F.Y. 1990 Street Reconstruction Program, Contract No. 384, as published in the Waterloo Courier on March 23, 1990, be received and placed on file. Motion carried. 95532 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Moved by Brown, seconded by Budak that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-195. 95533 - Moved by Budak, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-196. 95534 - Moved by Angel, seconded by Brown to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (bid not awarded on April 9, 1990): Bidder Bid Bond Aspro, Inc. 5% Waterloo, IA Cedar Valley Corporation 5% Waterloo, IA Motion carried. HEARINGS 95535 - Moved by Buck, seconded by that proof of publication of contract, etc., for published in the Waterloo file. Motion carried. Dell Base Bid+ Alternate A Base Bid+ Alternate B $1,589,346.59 None None $1,607,894.10 of notice of public hearing on specifications, form the Solid Waste Collection Services Contract, as Courier on April 3, 1990, be received and placed on April 9, 1990 Hearings - continued 95536 - HOLD HEARING --This being the time and place for written and oral objections. John Meyer, Public Works Director, reviewed for Solid Waste Collection Services. The comparable or better service to the citizens Page 2 of public hearing, the Mayor called the bid documents for the contract five-year contract would provide Councilperson Angel asked for an update on the reorganization collection. Mr. Meyer indicated that at the time the bids comparison will be presented on the cost of a private reorganization of the department. plan for garbage are received, a contract versus Mel Smelser, 2235 Temple Avenue, stated that every effort should be made to keep the present employees employed by the new company if the City decides to contract garbage services. Jim Watts, President of Watts Trucking of Davenport and Black Hawk Waste Disposal, requested that a pre-bid conference be scheduled to allow potential bidders an opportunity to discuss the specifications. He questioned the need for a $750,000 performance bond and suggested that such a bond would not allow all potential bidders to place a bid. Moved by Angel, seconded by Buck that further action on the Solid Waste Collection Services Contract be delayed one week to allow a pre-bid conference meeting to be scheduled. Motion carried. 95537 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions, as published in the Waterloo Courier on March 23, 1990, be received and placed on file. Motion carried. 95538 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reviewed the ordinance changes relating to the "H -C" Highway Corridor Overlay District. The first section deals with screening/fencing requirements and applies to businesses such as scrap auto part and appliances. Existing properties used for storage of these materials would be required to conform with the ordinance within one year. The setback regulations would apply to new construction. Additions to existing non -conforming structures would be allowed within the required setback with design review board approval, but did not increase the non -conformity. The last section deals with use restrictions and would preclude the development of new junk yards, salvage yards or construction yards within the corridor. This section also discourages the expansion of existing uses of this type within the district. The Planning, Programming and Zoning Commission had unanimously approved the proposal with one change which increased the time frame for conformance of the screening requirements from six months, as recommended by the Gateway Committee, to one year. In response to a question from Councilperson Angel, Mr. Stevenson stated that the height of the salvage piles is not an issue of this ordinance but must be addressed through the special permit process through the Board of Adjustment. Jack Fuller, representing Fuller Salvage Yard, questioned why he was not informed about the proposed ordinance. He stated that they have agreed to make certain fence requirements but do not want to be responsible for the cost of screening. Mayor McKinley and Planning and Development Director Don Temeyer indicated that they have met with the salvage yard owners and have tried to work with each of the individual problems. April 9, 1990 Hearings - continued Page 3 Michael Pedersen, an attorney representing Vic Fuller Salvage and Wrecking Company, indicated that the business is not in violation of City ordinance, and that any expansion efforts are being discouraged by the ordinance. He stated that the City is trying to zone aesthetics and is inviting problems. He also indicated that the business would be forced to close within one year. He indicated that it was the City's decision to put the highway as it is proposed and that adjacent property owners should not be forced to pay for the mistakes of someone else. Mike Christianson, President of Prairie Construction Company, stated that the City was placing an unfair burden in terms of cost to adjacent properties in order to beautify the corridor. Mary Ann Pierce objected to the proposed ordinance. Councilperson Brown agreed with some of the remarks of the adjacent property owners and suggested that the City take a good, long, hard look at the financial restraints being placed on adjacent property owners. Kathy Oberle, 710 Forest Avenue, suggested that the matter be tabled and that the impact on new business expansion be investigated. Bob Stevenson, City Planner, indicated that the Design Review Board is in place and ready to review requests as specified in the Highway Corridor Overlay District Ordinance. Moved by Brown, seconded by Angel that "an Ordinance amending Zoning Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions", be tabled. Ayes: Seven. Motion carried. 95539 - Moved by Angel, seconded by Brown that proof of publication of notice of public hearing on request of Michael Pietz to vacate the five foot platted utility easement located along the south lot line of 2331-2333 Fairway Lane, as published in the Waterloo Courier on March 23, 1990, be received and placed on file. Motion carried. 95540 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 95541 - Moved by Dell, seconded by Wright that "an Ordinance vacating the five foot platted utility easement located along the south lot line of 2331-2333 Fairway Lane", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95542 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95543 - Moved by Buck, seconded by Wright 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. April 9, 1990 Page 4 Hearings - continued 95544 - Moved by Brown, seconded by Angel that "an Ordinance vacating the five foot platted utility easement located along the south lot line of 2331-2333 Fairway Lane", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3706. 95545 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Bill Kline to vacate the platted building line generally located on the north side of the San Marnan Drive frontage road, west of West Ninth Street and to dedicate a new building line on the south side of Lot 13 of Brookeridge Addition, as published in the Waterloo Courier on March 23, 1990, be received and placed on file. Motion carried. 95546 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Budak that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 95547 - Moved by Brown, seconded by Dell that "an Ordinance vacating the platted building line generally located on the north side of the San Marnan Drive frontage road, west of West Ninth Street", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 95548 - Moved by Dell, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95549 - Moved by Fox, seconded by Angel 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. 95550 - Moved by Angel, seconded by Dell that "an Ordinance vacating the platted building line generally located on the north side of the San Marnan Drive frontage road, west of West Ninth Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3707. 95551 - Moved by Budak, seconded by Brown that "Resolution dedicating a new building line on the south side of Lot 13 of Brookeridge Addition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-197. 95552 - Moved by Dell, seconded by Brown that proof of publication of notice of public hearing on the site plan amendment request of Midwest Outdoor Advertising to construct a billboard on property zoned "S-1" Planned Shopping Center Commercial District, owned by the Waterloo Water Works and located at the southwest corner of San Marnan Drive and LaPorte Road, as published in the Waterloo Courier on March 23, 1990, be received and placed on file. Motion carried. April 9, 1990 Hearings - continued Page 5 95553 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Councilperson Buck objected to allowing the sign on City property within a close distance of the U.S. Highway 218 Gateway. Councilperson Budak stated that the Planning, Programming and Zoning Commission staff had recommended denial of the request, but that the Commission had recommended approval. A representative of Midwest Outdoor Advertising indicated that a sign permit had been obtained from the City approximately four years ago, but the billboard was not constructed at that time. Since that time, the permit has expired and now requires formal approval of the City. He reiterated that the billboard sign would be nice looking and not visible from the Highway Corridor. Reed Craft, Manager of the Waterloo Water Works, indicated that the Water Works Board had approved a three-year lease with Midwest Outdoor Advertising at a cost of $750 per year. Moved by Budak, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file and action tabled. Motion carried. UNFINISHED BUSINESS 95554 - Moved by Buck, seconded by Brown that "Resolution authorizing the award of contract to Borwig Building Service of Waterloo, Iowa, in the amount of $27,015.30 in conjunction with F.Y. 1990 Sidewalk Repair Block Grant Program --Zone 1, Contract NO. 386", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-198. 95555 - Moved by Buck, seconded by Brown that "Resolution authorizing the award of contract to Park Lane Construction of Clyde, New York, in the amount of $160,942 in conjunction with the F.Y. 1990 Salt Storage Building, Contract No. 381", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-199. 95556 - The Mayor announced that the time had arrived for discussion on the F.Y. 1990 Sidewalk Assessment Program --Zone 1, Contract No. 382. Councilperson Angel reiterated her support for allowing the sidewalk to remain intact at 639 Riehl Street and as completed by the property owner. Eric Thorson, City Engineer, stated that the sidewalk does not meet City specifications for five reasons. The property owner at 639 Riehl Street was notified that it did not meet specifications and had an opportunity to make the necessary repairs. He reported that the Engineering Department has worked with 53 property owners to resolve their particular situation resulting in the Engineer's Office recommendation to remove 49 properties from the sidewalk program. Those recommended for elimination include: 636 Conger, 654 Conger, 740 Conger, 802 Conger, 806 Conger, 919 Conger, 924 Conger, 937 Conger, 1002 Conger, 316 Cutler, 408 Dawson, 536 Dawson, 627 Dawson, 734 Dawson, 800 Dawson, 1009 Dawson, 528 Edwards, 832 Kern, 952 Kern, 1015 Kern, 1036 Kern, 1043 Kern, 1047 Kern, 707 Lincoln, 1032 Lincoln, 1148 Lincoln, 1204 Lincoln, 1253 Lincoln, 532 Newton, 622 Newton, 632 Newton, 700 Newton, 819 Newton, 847 Newton, 903 Newton, 920 Newton, 947 Newton, 1100 Parker, 311 Poplar, 203 Reed, 420 Reed, 712 Riehl, 906 Riehl, 110 St. Croix, 903 Logan Avenue, 1515 Logan Avenue, 925 Grandview, 1019 Fairview, and 1025 Fairview. April 9, 1990 Page 6 Unfinished Business - continued It was also the Engineer's recommendation that the following properties remain in the assessment program: 821 Broadway, 1013 Ackermant, 173 Sabrina and 639 Riehl. Councilperson Angel stated that she appreciated the support the staff has given property owners in complying with the ordinance. Al Manning, 919 Fairview Avenue, stated that the sidewalk program instituted by the City could possibly be illegal and asked what action the City was taking against the railroad who has not yet repaired the sidewalk adjacent to their property. Mr. Thorson stated that they have contacted the railroad and are working with them in completing their work. Councilperson Fox, Chairperson of the Public Works Committee, spoke against granting any exceptions to the specifications and their removal from the assessment program. Moved by Fox, seconded by Buck that "Resolution with respect to the adoption of the Resolution of Necessity proposed for the Waterloo, Iowa, F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract No. 382", be adopted. Ayes: Dell, Fox, Buck, Budak, Brown. Nays: Angel, Wright. (It was later determined by bond counsel that this resolution required 3/4 majority vote for passage.) Resolution adopted and upon approval by Mayor assigned No. 1990-200. 95557 - Moved by Brown, seconded by Fox that "Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security and ordering Clerk to publish notice and fixing date for receiving the same and for a public hearing on plans, specifications and form of contract and estimate of costs as May 7, 1990 at 7:00 p.m. in the City Hall Council Chambers", be adopted. Ayes: Six. Nays: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-201. PETITIONS FROM PUBLIC 95558 - Moved by Angel, seconded by Buck that communication from City Planner transmitting site plan request of Premier Autocare Malls, Inc. for property generally located at the northeasterly corner of Sears Street and Crossroads Boulevard in an area zoned "S-1" Shopping Center Commercial District to construct a proposed 8,800 square foot building for a Tire Plus Store, and additional space for rental or expansion, with a 31 stall parking lot, be received, placed on file and "Resolution setting date of hearing as April 23, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-202. 95559 - Moved by Angel, seconded by Buck that communication from City Engineer transmitting request of Clifford E. Israel for temporary concrete driveway to be located at 2622 Barton Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-203. April 9, 1990 DOCUMENTS Page 7 95560 - Moved by Fox, seconded by Buck that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Borwig Building Service of Waterloo, Iowa, in the amount of $27,015.30 in conjunction with the F.Y. 1990 Sidewalk Repair Block Grant Program --Zone 1, Contract No. 386, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-204. 95561 - Moved by Fox, seconded by Buck that communication from Clerk/Auditor transmitting 28E Agreement with Black Hawk County Data Processing Department for data processing services, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-205. 95562 - Moved by Fox, seconded by Buck that communication from City Engineer transmitting Contract for Engineering Services with Schenk Engineering Company in conjunction with F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-206. RESOLUTIONS TO BE ADOPTED 95563 - Moved by Buck, seconded by Angel that "Resolution authorizing the Mayor to execute on behalf of the City the Financial Assistance Award from the U.S. Economic Development Administration (EDA) for the reconstruction of North Elk Run Road in the amount of $850,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-207. BILLS PAYMENT 95564 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-50, in the amount of $1,118,929.49, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-208. NEW BUSINESS 95565 - Shirley Koslowski, 816 Archer Avenue, urged that the Council consider appointing new members to the boards instead of allowing multiple terms. Mayor McKinley indicated that the reappointment of Russ Lowe to the Community Development Board will be an asset to the City as he is a very qualified individual for the position. Moved by Brown, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Sue Pearson and Bob Stevenson to the Historical Preservation Commission for another three year term, with term expiration date of April 7, 1993, be received, placed on file and approved. Motion carried. April 9, 1990 Page 8 New Business - continued 95566 - Moved by Brown, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of J. Russell Lowe to the Community Development Board for another five year term, with term expiration date of March 1, 1995, be received, placed on file and approved. Motion carried. 95567 - Moved by Brown, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Oskar Kugler and Tom Fereday Jr. to the Heating Board for another two year term, with term expiration date of December 31, 1991, be received, placed on file and approved. Motion carried. 95568 - Moved by Brown, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Harris Ceaser to the Human Rights Commission for another three year term, with term expiration date of January 1, 1993, be received, placed on file and approved. Motion carried. 95569 - Moved by Brown, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of James Bosier to the Police and Fire Pension Board for another four year term, with term expiration date of the first Monday in April 1994, be received, placed on file and approved. Motion carried. Travel Requests 95570 - Moved by Brown, seconded by Fox that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Louis Cutwright, Jr., Building Official, to attend Conducting an Employee Performance Evaluation Seminar in Cedar Rapids, Iowa, on April 30, 1990, with costs not to exceed $106.50, including the use of City vehicle. 2. Louis Cutwright, Jr., Building Official, to attend How to Deal with Employee Attitude Problems Seminar in Cedar Rapids, Iowa, on May 21, 1990, with costs not to exceed $105.50, including the use of City vehicle. 3. James Boleyn, Michael Kemming, Brett Bredman, Paramedics, to attend Advanced Trauma Management Course in Iowa City, Iowa, on April 5-6, 1990, with costs not to exceed $580.00, including the use of City vehicle. 4. Mark Langenwalter and Ann Meyer, Police Sergeants, to attend Supervision of Police Personnel School in Evanston, Illinois, on May 7-18, 1990, with costs not to exceed $2,740.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 95571 - Moved by Brown, seconded by Fox that the following application for beer license be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and cigarette license permit application and going out of business application be received, placed on file and approved: 1. Beer License Permit Application Class B Diablo's Taco, 2401 Falls Avenue (Renewal) (Expires 4/13/91) (Includes Sunday Sales) Cigarette License Permit Application One (1) ,,� April 9, 1990 Miscellaneous - continued Application for Going Out of Business World Radio Laboratories, Inc., 2827 University Avenue (60 days) Motion carried. BONDS 95572 - Moved by Buck, seconded by Wright Page 9 that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 9, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95573 - Mike LaCoste, 236 Lichty Boulevard, questioned the expenditures in the F.Y. 1991 Budget for the Waterloo Symphony. It was explained that this is an in and out expenditure and that the City merely provides payroll accommodations for this group. The only cost to the City is the printing of the checks. James Roberson invited the Council to view the evidence relating to a case he exposed to the Council several weeks ago. The evidence would be available in the back of the Council Chambers following the City Council meeting. Councilperson Dell stated his desire to bring back to the table the issue of allowing alley garbage pick up (the elimination of alley pick up was approved by the City Council on March 26, 1990). Councilperson Buck indicated a willingness to speak with Mr. Dell about the possibility of bringing the item back to the table for further discussion. No action was taken at this time. Moved by Buck, seconded by Dell that the above oral comments be received and placed on file and the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor