HomeMy WebLinkAbout03/26/90March 26, 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 March 26, 1990. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Wright, Angel, Buck, Brown and Budak.
Invocation by: Councilperson Brown.
Pledge of Allegiance: Troop 52.
95461 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on March 26, 1990, at
7:00 p.m., and that the Minutes of the Regular Session held on March 19, 1990,
at 7:00 p.m., be accepted and approved. Motion carried.
95462 - Mayor McKinley presented each of the Waterloo Warriors players and cheerleaders
a certificate of recognition for their recent State Hockey Championship.
Mayor McKinley read a letter dated March 20, 1990, from Tim Hurley, 161
Prospect Boulevard, concerning the professional manner in which the Waterloo
Police Department handled the recent shooting of Jeff Wood on March llth.
Jim Lawrence, President of the Waterloo Chamber of Commerce, reported on the
upcoming Waterloo Clean Sweep Project scheduled for Saturday, April 21, 1990.
He encouraged public participation in this city-wide clean up event. He also
challenged the City to have more employees show up for this event than Chamber
members. Mayor McKinley accepted this challenge.
HEARINGS
Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on the proposed issuance
of $5,665,000 General Obligation Bonds (for an essential corporate purpose) as
published in the Waterloo Courier on March 20, 1990, be received and placed on
file. Motion carried.
95463 - Hold hearing --This being the time and place of public hearing, Mayor called for
written and oral objections.
Moved by Brown, seconded by Dell
that petitions of objection submitted by Kathy Oberle, et.al. and letter of
response submitted by Bill Noth, Ahlers Law Firm be received and placed on
file. Motion carried.
95464 - Bob Stevenson, City Planner, presented the F.Y. 1991 General Obligation Bond
list explaining each of these projects in detail.
Mike LaCoste, 236 Lichty Boulevard, asked whether the City would be endorsing
an assessment program for street repairs and whether the use of funds for the
Sixth Street Extension could be diverted to street reconstruction. Mayor
McKinley responded that the Council currently does not have any intention of
instituting an assessment program for streets. This has been used as a method
of financing in the past but this Council has determined that the assessment
method will not be used for street reconstruction. Mayor McKinley also
indicated that the Sixth Street Extension is part of the metropolitan
transportation plan and will enhance development in the northeast sector of the
community. Mr. Lacoste then questioned where and how the City draws the line
on allowing a vote of the people for bond issuances. City Attorney Hugh Field
summarized an opinion prepared by the Ahlers, Cooney, Dorweiler, Haynie, Smith
and Allbee Law Firm concerning the issuance of essential corporate purpose
bonds and general corporate purpose bonds. The opinion stated that the
essential corporate purpose bonds are not subject to a reverse referendum and
that the petitions that have been filed have no legal effect on the issuance of
the remaining $335,000 bond issue.
Kathy Pearson -Moore, 219 Sumner Street, questioned how the money spent for
street repair and the bond issuance relates to expenditures through the
Community Development Block Grant Program. The Mayor reported that the
proposed use of Block Grant funds this year does not include monies for street
b
March 26, 1990 Page 2
repair; however, $50,000 has been earmarked for sidewalk repair for low-income
individuals. Ms. Moore also questioned the number of east side streets slated
for inclusion in the street reconstruction and rehabilitation program. She
stated that as she is concerned that too few east side streets were being
reconstructed. She also asked for the number of bridges on the east side that
would be repaired through the Bridge Replacement Program. She urged the City
to address the problem of the near east side and take a look at this area and
not just the perimeter area of the City.
Al Manning, 919 Fairview Avenue, questioned the City's 15 percent financial
participation for the Sixth Street Extension. He questioned whether the City
would be required to pay back federal funds thus far received if the City did
not complete the project. It was reported by City staff that each project
agreement contains a requirement that if the City does not complete the project
and has received federal funding, the federal funds will be returned. Mr.
Manning also pointed out that a reduction in bond costs will reduce property
tax askings. Mr. Manning also stated that the citizens view point in the
issuance of bonds is not weighed and that the decision to issue the bonds is
made before public input is obtained.
Kathy Oberle, 710 Forest Avenue, presented information on the unused bonding
capacity of nine Iowa cities. She indicated that due to the community's
economic down turn, the City is over spending on projects that do not help
everyone and that we cannot afford to pay these costs. She reported that
according to Moody's Investment Service, cities our size should have a cash
reserve of nearly 5 million dollars and that the City is breaking its promise
to the tax payers of not issuing more bonds than it is in retiring in any given
year. She indicated that the priorities of the City should include
reinstitution of the police liaison programs in the schools, adequate fire
protection and safe roads. She urged the City to set aside the bond issue and
re -assess its priorities and asked the City to reach a reasonable level of
spending.
Vonnie Jackson, 2063 Howard Avenue, indicated that the signatures obtained on
the petition truly represent the feelings of the community in only a two to
three week time frame. She criticized the Mayor for stating that it did not
represent the community. When comparing the number of signatures obtained for
the petition in contrast to the number of registered voters the Mayor garnered
in the last election (15% of the registered voters) she indicated that it was
quite a number of citizens who agreed with their position. She asked why the
City was afraid of putting this issue to referendum. Mayor McKinley responded
that bond counsel has indicated that bonds for essential corporate purpose are
not subject to a referendum.
Councilperson Brown questioned Ms. Jackson concerning the manner in which
signatures were obtained on the petition. He indicated that he had contacted
several of the petitioners asking them exactly what was told to them prior to
their signing the petition. The two exchanged words.
Al Manning, 919 Fairview Avenue, again asked why the City is not willing to put
this issue to a referendum. Again, City Attorney Hugh Field stated that the
State of Iowa does not allow for a reverse referendum process.
Stan Syhlman, 2048 Ansborough Avenue, stated that the City of Waterloo has the
highest tax rate in the State of Iowa. He stated that the elderly would not be
able to live in this community and that the debt the City is proposing is
actually a mortgage on property owners' homes.
Moved by Brown, seconded by Dell
that "Resolution instituting proceedings to take additional action for the
issuance of $5,665,000 general obligation bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-161.
UNFINISHED BUSINESS
95465 - Moved by Angel, seconded by Buck
that communication from Transportation Program Manager transmitting tabulation
of bids mor the F.Y. 1990 West Ridgeway Avenue Reconstruction Project, Contract
March 26, 1990
Page 3
No. 383, together with recommendation to award said contract to Cedar Valley
Corporation in the amount of $2,129,334.67 be received, placed on file and
"Resolution awarding said contract to Cedar Valley Corporation", be adopted.
Ayes: Seven.
Resolution adopted upon approval by Mayor assigned No. 1990-162.
95466 - Moved by Fox, seconded by Brown
that the Waterloo Water Works Audit Report and Financial Statement for the
Years ended December 31, 1989 and 1988 be received and placed on file. Motion
carried.
REPORTS
95467 - Moved by Fox, seconded by Brown
that communication from Deputy City Clerk/Auditor transmitting the Actuarial
Valuation Report of J. Robert Hopson, FSA, Consulting Actuary for the Police
and Fire Pension Funds for the Fiscal Year beginning July 1, 1989, be received,
placed on file and "Resolution approving said report", be adopted and Deputy
Clerk/Auditor instructed to file said report with the State Commissioner of
Insurance. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-163.
95468 - City Attorney Hugh Field reviewed the opinion prepared by Assistant City
Attorney Donna Lesyshen on the issue of pesticide application within the
corporate city limits. It stated that the City cannot ban the application of
pesticides in the corporate city limits nor can the City adopt more stringent
regulations than State law. The legal theory of preemption applies where in
Federal Legislation controls and cannot be changed on a local level without
authorization in the federal legislation (Federal Insecticide, Fungicide and
Rodenticide Act). He also referred to the Agriculture and Land Stewardship
Department Rules and Regulations contained in Chapter 21-45.50, "Pesticides" of
the Iowa Administrative Code.
Councilperson Dell stated that there are several issues that remain for
discussion including (1) the requirement that spraying be banned on public
property if requested by adjacent property owners, (2) notification to property
owners adjacent to City property, and (3) the definition of "adjacent". Elaine
Jaquith, 3148 Marigold Drive, stated that she and the City are not in agreement
on the issue of whether the City is required to refrain from spraying when
requested by an adjacent property owner. She argued that the City should
refrain from spraying when requested and that the term "contiguous" or adjacent
should mean across the street or a block or so away.
Councilperson Dell reported that the Waterloo Schools have indicated an
interested in working with the City on the spraying of their public property.
City Attorney Field again reminded the Council that the federal government
preempts us from regulating pesticides.
Jim Knavel, 1432 Vine Street, argued that the City would be crazy to get
involved in the issue of regulating the use of fertilizer on private property
and getting involved in neighborhood disputes.
Charles Pribble, 142 Rachael Street, asked for an explanation of the registry
as being proposed by the City and its implications on golf courses. It was
explained that the registry would allow persons interested in being notified of
a commercial or public applicator to register in the City Clerk's office. The
City Clerk would then refer all names to commercial applicators on a monthly
basis.
Mrs. Robert Mathews, 510 Campbell Avenue, urged the City to not use chemicals
and to promote a safe living environment.
Ron Kibe, 1121 Bauch Street, urged the implementation of the registry system.
Mayor McKinley stated that the Waterloo Schools are considering the use of
non-organic chemicals on its public properties.
March 26, 1990 Page 4
95468 Mayor McKinley reported that Mrs. John Raye, 5717 Dahlia Boulevard, stated that
(con't) he has raised many families of robins in her yard and has used spray without
implications to this wildlife.
Councilperson Dell stated that this is a highly emotional issue that must be
handled delicately and that we must work together for a common solution.
Moved by Brown, seconded by Buck
that communication from City Attorney transmitting an opinion on the issue of
pesticide application within the corporate city limits of the City of Waterloo
be received and placed on file. Motion carried.
95469 - Moved by Angel, seconded by Buck
that communication from City Engineer transmitting construction plans for Sarah
Drive submitted by Schenk Engineering Company which includes the placement of a
private irrigation system on public right-of-way, together with recommendation
of approval be received, placed on file and be approved. Motion carried.
95470 - Moved by Angel, seconded by Buck
that communication from Transportation Program Manager transmitting Certificate
of Completion and Final Acceptance of Agreement Work for work performed by Iowa
Public Service Electric Company in conjunction with the Independence Avenue
Reconstruction, IX -6600(2)--79-07 be received, placed on file and "Resolution
approval said document", be adopted and Mayor instructed to execute same.
Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned 1990-164.
95471 - Moved by Angel, seconded by Buck
that communication from City Engineer transmitting Change Order No. 1 from
Barbarossa & Sons, Inc. in conjunction with the F.Y. 1990 Intercity Interceptor
Stage VII, West Fifth to Pumping Station, Contract No. 377, for an increase in
contract of $11,975, together with recommendation of approval, be received,
placed on file and approved and Mayor and Clerk/Auditor authorized to execute
same. Motion carried.
95472 - Moved by Angel, seconded by Buck
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in
the amount of $2,129,334.67 in conjunction with F.Y. 1990 West Ridgeway Avenue
Reconstruction Project No. 383, 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. 1990-165.
95473 - The Mayor announced that the time had arrived for discussion on the proposed
Sanitation Department administrative policy, organization and procedures.
John Meyer, Public Works Director, presented the chronology of events leading
to the presentation of an ordinance on yard waste disposal including actions of
the Public Works Committee and City Council, and State Legislation. He also
presented a summary of the Public Works Committee recommendation concerning the
following items: recommendation that alley collection be eliminated except on
those streets where safety .is an issue, the total ban on burning except for six
consecutive saturaays in the spring and fall, the availability of five garbage
bags for low-income families, and that the Council proceed with the contract
bidding .,f solid waste collection.
Mel Smelzer, 2235 Temple Avenue, supported the continuation of burning since it
is a freedom that we have enjoyed for many years. He also stated that if the
City implerrue.,ts a pay per bag system, we can expect illegal dumping. He urged
the City to rind a more economical solution to the problem. Mayor McKinley
responded Ly indicating that the City has looked at many methods of disposal
and taat the best solution for our City was now being recommending. He also
urged citizens to compost as much as possibility.
March 26, 1990
Page 5
Kathy Oberle, 710 Forest Avenue, stated that the recommended paper bags are not
large enough and that the City should consider plastic biodegradable bags.
Ron Lepsch, 467 Derbyshire Avenue, spoke in support of a ban on burning.
Ron Burman, 1103 Vine Street, and representing the Highland Neighborhood
Association, spoke against the discontinuation of alley pickup.
Jim Knavel, 1432 Vine Street, spoke in support of continuation of alley pickup.
John Blietz, 121 Lowder Road, objected to a burning ban and suggested
alternatives such as composting.
A resident at 103 Prospect Avenue stated that the bags being proposed for
compostables is not large enough. Public Works Director Meyer reported that
after extensive research, this is the largest paper bag currently on the
market.
Ron Hansen, 311 Cornwall Avenue, indicated that six Saturdays during the spring
and fall is not enough and that designating certain days for burning will
present more of a problem than it will help.
Elaine Jaquith, 3148 Marigold Drive, indicated her support of the City's ban on
burning.
A citizen on Rainbow Drive spoke against the burning ban due to the large
number of trees in the area.
L. C. Hennessey, 319 Belmont, spoke in support of the composting concept.
Moved by Buck, seconded by Angel
that communication from Public Works Director transmitting proposed Sanitation
Department Administrative Policy, Organization and Procedures, with proposed
amendments, be received, placed on file and "Resolution approving said
policies, as amended", be adopted. Ayes: Fox, Angel, Buck, Brown. Nays:
Dell, Wright, Budak.
Resolution adopted and upon approval of Mayor assigned No. 1990-166.
The Mayor announced a five minute recess.
The Council meeting was resumed with the following members present: Mayor McKinley, Fox,
Angel, Buck, Wright, Budak and Brown. Absent: Dell.
RESOLUTIONS TO BE ADOPTED
95474 - Moved by Fox, seconded by Angel
that "Resolution authorizing various fund transfer", be adopted. Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval of Mayor assigned No. 1990-167A.
95475 - The Mayor announced that the time had arrived for discussion on the submission
of the City's Block Grant Application for Federal Funding.
Councilperson Dell now present.
Kathy Pearson -Moore, 219 Sumner Street, objected to the Community Development
Block Grant Hearing process. She also urged the City to deal with all of the
problems of the City including the people and the black community.
Community Development Director, Jim Lindsey, explained the public input
process. He Indicated that the main thrust of the program was to provide safe
and decent housing for the low and moderate income households. In addition to
street and demolition activities, the Block Grant Application contains money
for landscaping improvements at Roosevelt School, rehabilitation of the YWCA
living quarters, and renovation of the AARTS Building, 811 E. Fourth Street and
the funds for the Family and Children's Council.
March 26, 1990 Page 6
Kathy Oberle, 710 Forest Avenue, questioned the administrative cost of
$200,000.
Moved by Fox, seconded by Angel
that "Resolution approving the preparation and submission of a statement of
Community Development Objectives and projected use of funds to the Department
of Housing and Urban Development for federal assistance under Title I of the
Housing and Community Development Act of 1974, as amended", be adopted. Ayes:
Seven.
Resolution adopted and upon approval of Mayor assigned No. 1990-167.
95476 - Moved by Fox, seconded by Angel
that "Resolution by the City Council of the City of Waterloo, Iowa, as the
Waterloo Housing Authority, adopting submission of an application to HUD for
Comprehensive Improvement Assistance Program Funds for modernization of
Ridgeway Towers, IA -50-3", be adopted. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 1990-168.
95477 - Moved by Fox, seconded by Angel
that "Resolution by the City Council for the City of Waterloo, Iowa, as the
Waterloo Housing Authority, approving submission of Fiscal Year 1991 Budget for
Ridgeway Towers Apartments, 225, West Ridgeway" be adopted. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 1990-169.
95478 - Moved by Fox, seconded by Angel
that "Resolution by the City Council of the City of Waterloo, Iowa, as the
Waterloo Housing Authority, approving submission of Fiscal Year Ending June
30, 1990 Operating Budget Revision No. 1 for Ridgeway Towers Apartments, 225
West Ridgeway", be adopted. Ayes: Seven.
Resolution adopted and upon approval of Mayor assigned No. 1990-170.
ORDINANCES TO ADOPTED
95479 - The Mayor announced that the time had arrived for the second reading of
amendments to Chapter 16 - Garbage, Refuse, and Yard Waste.
Public Works Director John Meyer stated that the Ordinance contains a
recommendation on a burning ban; however, the Public Works Committee has
recommended that the burning ban be implemented with the exception of allowing
burning on six Saturdays in the spring and fall.
James Boyd, 337 Alta Vista Avenue, spoke in support of continued alley pick up.
Jim O'Reagan spoke in support of a burning ban.
Paul Jamieson, 815 W. First Street, spoke in support of a burning ban.
Collen Crawford urged the Council to consider larger bags.
Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and
Refuse and enacting thereof new parts of Chapter 16 - Garbage, Refuse, and Yard
Waste", be received, placed on file, considered and passed for the second time.
Ayes: Six. Nays: Wright. Motion carried.
BILLS PAYMENT
95480 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1 - 72, in the amount of
$1,73,569.84 and Schedule W900, pg. 1, in the amount of $20.00, copies of
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Page 7
March 26, 1990
which are on file in the Clerk/Auditor's Office", be adopted. Ayes:
Abstain: Budak.
Six.
Resolution adopted and upon approval by Mayor assigned No. 1990-171.
NEW BUSINESS
95481 - Moved by Buck, seconded by Fox
that the Public Works Director be instructed to prepare plans, specifications,
form of contract, etc. for the Solid Waste Collection Services Contract.
Motion carried.
95482 - Moved by Buck, seconded by Fox
that said plans, specifications, form of contract for Solid Waste Collection
Services be received, placed on file and "Resolution preliminarily approving
the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-172.
95483 - Moved by Buck, seconded by Fox
that "Resolution setting date of hearing on specifications, form of contract,
etc. as April 9, 1990 and taking of bids as April 23, 1990, at 7:00 p.m. in the
City Hall Council Chambers on the Solid Waste Collection Services Contract", be
adopted and City Clerk/Auditor instructed to publish notice of hearing
according. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-173.
95484 - Moved by Buck, seconded by Fox
that communication from General Manager of the Waterloo Water Works
transmitting the request of Sheila Ulery to certify $345.15 for work performed
by the Waterloo Water Works at 219 Peoria, be received, placed on file and
"Resolution approving certification of same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-174.
TRAVEL REQUESTS
95485 - Moved by Brown, seconded by Wright
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Rich Earles, Neighborhood Planner, to attend the City of Future Associated
Design Professions Conference in Lincoln, Nebraska, on March 22 - 24,
1990, with costs not to exceed $205.00, including the use of City vehicle.
2. Herman Wenzel, Assistant Chief, and Darryl Hartema, Civilian Mechanic, to
attend Pierce Service School and Plan tour in Appleton, Wisconsin, on
April 2 - 4, 1990, with costs not to exceed $355.00, including the use of
city vehicle.
3. David Keidel, Director of Housing Inspections, to attend 1990 Annual
Spring Conference Iowa Chapters of American Planning Association National
Association of Housing and Redevelopment Officials in Dubuque, Iowa, on
April 18 - 20, 1990, with costs not to exceed $255.00, including the use
of OiLy vehicle.
4. Don Temeyer, Planning
Neiyhkiorhood Planner, to
Dawaque, Iowa, on April
person, including the use
Motion carried.
and Development Director, and Rich Earles,
attend 1990 APA/NAHRO/IARC Spring Conference in
18 - 20, 1990, with cost to exceed $187.50 per
of City vehicle.
March 26, 1990 Page 8
MISCELLANEOUS
95486 - Moved by Wright, seconded by Angel
that the following applications for beer and liquor licenses 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 B
Byrnes Park Golf Course & Pro Hop, 1000 Fletcher Avenue (Seasonal)
(Expires 10/01/90) (Includes Sunday Sales)
2. Beer License Permit Application
Class C
Petro -N -Provisions, 1807 LaPorte Road (Renewal) (Expires 4/9/91) (Includes
Sunday Sales)
Jim Lind Standard, 230 East Ridgeway (Renewal) (Expires 4/6/91) (Includes
Sunday Sales)
3. Liquor License Permit Application
Class A
Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/91)
(Includes Sunday Sales)
Motion carried.
BONDS
95487 - Moved by Wright, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through March 26, 1990, be received, placed on file and report
and bonds approved. Motion carried.
ADJOURNMENT
The Mayor called for oral presentations and there were none.
95488 - Moved by Buck, seconded by Budak
that the Council adjourn the Regular Session. Motion carried.
Larry P. Burger
City Clerk/Auditor