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HomeMy WebLinkAbout03/19/90March 19, 1990 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:O0 p.m. on March 19, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Wright, Brown. Absent: Angel, Buck, Budak. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Don Temeyer, Planning and Development Director 95429 - Moved by Fox, seconded by Dell that the Agenda, as amended, for the Regular Session on March 19, 1990, at 7:00 p.m. and the Minutes of the Special Session of March 6, 1990, at 7:00 p.m., and the Minutes of the Regular Session of March 12, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95430 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections on the F.Y. 1990 West Ridgeway Avenue Reconstruction Project, Contract No. 383 (U.S. Highway 63 to Ansborough Avenue), and there were none. Moved by Brown, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Planner for review and recommendation (bid not awarded on March 19, 1990, see "Unfinished Business" of March 26, 1990): Bidder Peterson Contractors, Inc., Waterloo, IA Allied Construction Co., Charles City, IA Cedar Valley Corp., Waterloo, IA Motion carried. UNFINISHED BUSINESS 95431 - Bob Stevenson, City Planner, reported located at the northeast corner of Ridgeway Avenue has agreed that the located approximately 80 feet west of of the Ridgeway Avenue curb. This traffic and the staff recommends that Moved by Dell, seconded by Brown Bid Bond 5% 0 5% 5% Total Bid $2,150,595.88 $2,152,145.18 $2,129,334.67 that the owner of property generally the intersection of Bellaire Road and Village Inn monument type sign will be the Bellaire Road curb and 20 feet north location will not obstruct vision for said sign location be approved. that communication from City Planner transmitting site plan amendment request of Village Inn Restaurant to locate a monument type sign on their property located at 212 West Ridgeway Avenue, 80 feet west of the Bellaire Road curb and 20 feet north of the Ridgeway Avenue curb and the location of parking lot lighting, together with recommendation of approval of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-143. PETITIONS FROM PUBLIC 95432 - Moved by Dell, seconded by Brown that communication from City Planner transmitting site plan amendment request of Midwest Outdoor Advertising to construct a billboard on property located at the southwest corner of San Marnan Drive and LaPorte Road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as -April 9, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-144. March 19, 1990 Page 2 Petitions from Public - continued 95433 - Moved by Dell, seconded by Brown that communication from City Planner transmitting request of Michael Pietz to vacate the five foot platted utility easement generally located along the south line of 2331-2333 Fairway Lane, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 9, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-145. 95434 - Moved by Dell, seconded by Brown that communication from City Planner transmitting request of Bill Kline to relocate the platted building line generally located on the north side of the San Marnan frontage road, west of West Ninth Street and to dedicate a new building line on the south side of Lot 13 of Brookeridge Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 9, 1990 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-146. REPORTS 95435 - Moved by Fox, seconded by Wright that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --March 1990, be received and placed on file. Motion carried. DOCUMENTS 95436 - Moved by Fox, seconded by Brown that communication from Personnel Director transmitting revised Smoking Policy for City Hall, together with recommendation of approval of Building & Grounds Committee, be received, placed on file and "Resolution approving said revised Smoking Policy", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-147. 95437 - Moved by Fox, seconded by Brown that communication from City Planner transmitting Preliminary Plat of Audubon Park Fourth Addition, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-148. 95438 - Moved by Fox, seconded by Brown that communication from City Planner transmitting Preliminary Plat of LaPorte Road Plaza, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-149. March 19, 1990 Page 3 Documents - continued 95439 - Moved by Fox, seconded by Brown that communication from City Planner transmitting Preliminary Plat of Pinnacle Place First Addition, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-150. 95440 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting Statement of Completion and Final Acceptance of Work for work performed by City of Waterloo's Traffic Operations Department in conjunction with Traffic Signals, Greenhill Road and Maynard Avenue, IX -6585(7)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-151. 95441 - Moved by Fox, seconded by Brown that communication from Personnel Director transmitting collective bargaining agreement between the City of Waterloo and the International Association of Fire Fighters Local #66, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-152. 95442 - The Mayor announced that the time had arrived for discussion on the Sanitation Department Administrative Policy, Organization and Procedures. John Meyer, Public Works Director, reviewed the major contents of the policy. The major reason for the change is to comply with state law that requires the separation of yard waste from the waste stream. It addresses how the City will pick up yard waste. The policy also recommends the elimination of alley pick up, which is approximately 25 percent of garbage collection in the City. This is being recommended since the yard waste collection system will require the use of a one-man truck which does not allow access to both sides of the alley. It would also require that each alley be driven twice. Alley pick up elimination is being recommended since the major portion of the damage done to alley surfaces is caused by garbage trucks. Approximately $90,000 per year is spent on alley repair largely due to damage caused by garbage trucks. Councilperson Wright expressed her support for continued alley pick up. Dick Boyd, representing the Highland Neighborhood Association, asked that the City consider continuation of alley pick up. He indicated that the Association has had an informal agreement with the City which states that if the Association kept the alleys free of snow, the City would pick up garbage in the alleys. He asked for continuation of this arrangement. Ross Blow, 320 Oak Park Circle, suggested that if one-man trucks are utilized, residents be asked to put their garbage on one side of the alley. He also asked if the City was considering doing no alley repair if garbage trucks no longer use the alleys. John Meyer, Public Works Director, indicated that a minimal amount of alley repair will be continued. Bill Lemke, 149 Madison Street, stated that he was speaking on behalf of a resident who resides in the Highland area and indicated his support of the continuation of alley pick up. Tom Hall stated that the City would have a hard time with compliance by landlords since you cannot force them to put the garbage in the front of the house. March 19, 1990 Page 4 Documents - continued John Meyer, Public Works Director, indicated that if the Council does approve the elimination of alley pick up, any violators will be handled through the Black Hawk County Health Department as an enforcement action that will require legal abatement procedures. John Kramer, 742 Sherman Avenue, stated unsightly problem and encouraged continued why the City cannot begin recycling paper. currently no market. Moved by Brown, seconded by None that garbage on the curb is an alley pick up. He also questioned The Mayor indicated that there is that communication from Public Works Director transmitting the Sanitation Department Administrative Policy, Organization and Procedures, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Prior to a vote on this issue, Councilperson Dell stated that he did not feel a vote should be taken on this major issue with the absence of Councilpersons Angel, Buck and Budak. The motion died for a lack of a second. Mayor McKinley reported that he would ask that this item be placed on the Council agenda of March 26, 1990. RESOLUTIONS TO BE ADOPTED 95443 - Councilperson Wright stated that the Smoking Policy for City Hall, as approved under Item Number One of the Documents section of tonight's agenda has passed by and that comments from the public should have been solicited. Shirley Koslowski, 816 Archer Avenue, stated that the revised Smoking Policy does not allow handicapped persons, such as herself, adequate location for smoking since the stairwells do not provide a location for handicapped individuals to be seated. She asked that an alternative location be sought for handicapped persons. Moved by Wright, seconded by Brown that "Resolution fixing date of hearing as March 26, 1990, at 7:00 p.m. in the City Hall Council Chambers, on the proposition of the issuance of $5,665,000 General Obligation Bonds for an Essential Purpose (to provide funds for the construction, reconstruction and repairing of street improvements, bridges, sidewalks; traffic control devices; improvements to the Waterloo Airport, etc.)", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-153. 95444 - Moved by Wright, seconded by Brown that "Resolution fixing date of hearing as April 2, 1990, at 7:00 p.m. in the City Hall Council Chambers, on the proposition of the issuance of not to exceed $140,000 General Obligation Bonds .for a General Corporate Purpose (construction, reconstruction, enlargement, improvement and equipping of the East Side Library)", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-154. 95445 - Moved by Wright, seconded by Brown that "Resolution fixing date of hearing as April City Hall Council Chambers, on the proposition of $120,000 of General Obligation Bonds for a (reconstruction, improvement and equipping of the be adopted and Deputy Clerk/Auditor instructed Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted 'd upon approval by Mayor assig-' No. 1990-155. 2, 1990, at 7:00 p.m. in the the issuance of not to exceed General Corporate Purpose Waterloo Municipal Stadium)", to publish notice of same. March 19, 1990 Page 5 Resolutions to be Adopted - continued 95446 - Moved by Wright, seconded by Brown that "Resolution fixing date of hearing as April 2, 1990, at 7:00 p.m. in the City Hall Council Chambers, on the proposition of the issuance of not to exceed $75,000 of General Obligation Bonds for a General Corporate Purpose (acquisition, construction, reconstruction, improvement and equipping of the Five Sullivan Brothers Convention Center)", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-156. ORDINANCES TO BE ADOPTED 95447 - Moved by Fox, seconded by Wright 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 first time deleting the portion referring to open burning of garbage, refuse and yard waste and similar vegetation as contained in Section 16-12, and that open burning should be referred back to the Public Works Committee for review and possibly allowing burning during certain periods in the summer and fall, and a sliding fee schedule for low-income persons relating to bag charges for compost. Prior to a vote on this issue, Public Works Director John Meyer stated that the major revisions to Chapter 16 deal with the yard waste issue which has been mandated to be separated from the refuse stream by the State of Iowa and enactment of an ordinance by all municipalities prior to July 1, 1990. The Ordinance also proposes the prohibition of burning of yard waste. If the ordinance is adopted as proposed, the effective date of enactment is October, 1990. John Cox, 910 Black Hawk Road, stated that the burning that should not be taken away from the young and old. City has taken away many privileges and this is one that Ross Blow, 320 Oak Park Circle, provided a picture properties where tires were strewn on the premises. responsibility as property owner to get rid of them. of leaves is a freedom He reported that the should remain. of one of his rental It now becomes his Operation Pride, he stated, will pick up four tires per stop four times per year, but with the $2 charge now levied by the Black Hawk County Solid Waste Commission, people are randomly dumping tires to avoid the charge. He stated that if the City imposes a charge for the disposition of yard waste, we can expect similar violators to dispose of their yard waste in similar undesirable locations. John Meyer, Public Works Director, stated that code enforcement will be an important part of the success of the ordinance. The Solid Waste Commission is attempting to fund a position that will be strictly utilized in the enforcement area. Mr. Meyer also proposed several alternatives to the City providing yard waste collection, including land application of yard waste. John Kramer asked whether people would be asked to refrain from using fireplaces. Mayor McKinley stated that this has happened in other states, but it is not anticipated at this time. Mr. Kramer also reported several problems he has had with stormwater runoff in the area due to grade problems of the street. Don Harris, 534 Hope Avenue, asked for an accounting of the proposed charge of $1.25 per bag for waste yard disposal. Mr. Meyer explained that the cost includes the purchase of the bag at approximately 30 cents, the City's cost for pick up and disposal estimated to be between 75 cents and 80 cents, the cost of distributing the bags (now being negotiated with Goodwill Industries) to be 9 to 10 cents per bag, and a markup. These costs constitute the proposed selling price of $1.15 to $1.25 per bag. Each bag will hold approximately twice the yard waste as a regular plastic bag, or 30 gallons. Mr. Harris complained that the City was providing no options and questioned why. He stated that he has March 19, 1990 Page 6 Ordinances to be Adopted - continued approximately 40 to 60 bags per year of leaves and is not willing to pay $100 to dispose of the leaves. Mr. Harris suggested that the City consider a burning ban by areas of the City. Mr. Meyer and Mayor McKinley said that this may be a viable option and will study it further. Chief Stan Stapella indicated that over 200 calls per year are answered by the Fire Department at an approximate cost of $200 each. This cost includes the cost of capital, training of the officers and stand-by time. Lee Bainbridge, 1743 Rainbow Drive, stated that composting may cause rodent problems. Elaine Jaquith, 3148 Marigold Drive, stated that the State of Iowa has a law banning burning. She also relayed an incident of leaf burning in her neighborhood that caused smoke problems and breathing difficulties for her. She praised the City Council for the possibility of initiating a burning ban for those individuals who have difficulty breathing. Ross Blow, 320 Oak Park Circle, stated that the City can anticipate having a problem in City streets from leaves and grass blown from vacant lots that have been left unattended. Mayor McKinley stated that many of the audience participants are bringing to the City problems that have been discussed by the committee. He encouraged them to bring new ideas and solutions to the problem, since this is a situation that must be addressed by the City due to state mandate. Ross Blow, 320 Oak Park Circle, suggested the use of dumpsters as is done by the City of Cedar Falls. John Meyer, Public Works Director, stated that the committee has looked at many options for the disposal of yard waste and each has their own separate set of problems. He stated that with whatever method of collection that is agreed to by the Council, as problems arise they will be dealt with as best as possible. L. C. Hennessey, 218 South Street, encouraged the education of the public on composting and that it can be a great source of nutrients. Jim OReagan stated that the City of Davis, California has been successful in reducing trash production by one-half by the use of a large composting pile. The City then sold the compost. Forest Dillavou, 1725 Huntington Road, stated that imposing a burning ban would burden those who could not afford it. He thought that such a ban was totally inappropriate at this time. A vote was taken on the above motion with the following result: Ayes: Four. Absent: Angel, Buck, Budak. Motion carried. BILLS PAYMENT 95448 - Councilperson Wright stated that due to a lack of a quorum at the Finance Committee meeting of March 19, the items on the Finance agenda were referred to the Council for action. The following bids were reviewed for the F.Y. 1990 Boulder Removal Project, Ridgeway and West Fourth Street: Bidder Holland Brothers Construction Co., Inc. Nutri-Ject Systems, Inc. Peterson Contractors, Inc. Reilly Construction Co., Inc. Total Bid $32,000.00 $26,093.00 $14,700.00 $19,999.99 It was the recommendation of the City Planner that the bid be awarded to Peterson Contractors, Inc., subject to approval of a right -of -entry agreement from Faith Lutheran Church located at West Fourth Street and Ridgeway Avenue. March 19, 1990 Page 7 Bills Payment - continued The request of the Police Department for authorization to seek bids to replace two emergency top lights for marked patrol vehicles was reviewed. The request of the Waterloo Fire Department for authorization to seek bids for a new ambulance to be financed by a three-year lease agreement was reviewed. Moved by Wright, seconded by Dell that "Resolution approving Schedule A918, pp. 1-44, in the amount of $208,371.19, and Schedule W900, pp. 1-2, in the amount of $1,664.76, copies of which are on file in the Clerk/Auditor's Office", be adopted and the award of contract for the F.Y. 1990 Boulder Removal Project be awarded to Peterson Contractors, Inc. in the amount of $14,700.00 and that authorization to seek bids as requested by the Police and Fire Chiefs be approved. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-157. NEW BUSINESS 95449 - Moved by Brown, seconded by Fox that communication from City Planner transmitting amendments to Ordinance No. 2479, as amended, "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks, and use restrictions, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 9, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described amendments", be adopted and Deputy Clerk/Auditor instructed to publish hearing of same. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-158. 95450 - Moved by Brown, seconded by Fox to instruct City Engineer to prepare plans, specifications, form of contract, etc., for F.Y. 1990 Street Reconstruction Program, Contract No. 384, be received and placed on file. Motion carried. 95451 - Moved by Brown, seconded by Fox that plans, specifications, form of contract, etc. for F.Y. 1990 Street Reconstruction Program, Contract No. 384, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-159. 95452 - Moved by Brown, seconded by Fox that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as April 9, 1990, at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1990 Street Reconstruction Program, Contract No. 384", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing according. Ayes: Four. Absent: Angel, Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-160. 95453 - Moved by Brown, seconded by Fox that communication from Director of Parks and Forestry transmitting recommendation of appointment of Ralph Todd to the position of Park Maintenance I, effective with the recall of full-time seasonal positions in April 1990, be received, placed on file and approved. Motion carried. March 19, 1990 Page 8 Travel Requests 95454 - Moved by Fox, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Tim Mrozek, Traffic Engineer, to attend the Traffic Transportation Engineer Seminar in Ames, Iowa, on March 26 -March 30 and April 16-20, 1990, with costs not to exceed $150.20, including the use of City vehicle. 2. Rich Carlson, Facilities Coordinator, to attend Iowa Park & Recreation Association Conference and Trade Show in Iowa City, Iowa, on April 1-4, 1990, with costs not to exceed $170.00, including the use of City vehicle. 3. Donna Balk and Sandie Greco, Administrative Secretaries, to attend The Organized Secretary Seminar in Cedar Rapids, Iowa, on March 23, 1990, with costs not to exceed $236.78. Motion carried. MISCELLANEOUS 95455 - Moved by Fox, seconded by Wright 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 Waterloo Professional Baseball, 850 Park Road (Seasonal) (Expires 10/1/90) (Includes Sunday Sales) Gates Golf Course and Pro Shop, 820 East Donald Street (Seasonal) (Expires 10/1/90) (Includes Sunday Sales) South Hills Golf Course and Pro Shop, 1830 East Shaulis Road (Seasonal) (Expires 10/1/90) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Waterloo Bowl -In, Inc., 120 Jefferson (Renewal) (Expires 3/29/91) (Includes Sunday Sales) The Waterloo Club, 10 West 4th Street (Renewal) (Expires 4/4/91) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Walgreens, 2323 Crossroads Blvd. (Renewal) (Expires 4/29/91) (Includes Sunday Sales) Motion carried. BONDS 95456 - Moved by Wright, seconded by Fox that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 19, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95457 - Mayor McKinley applauded the Waterloo Courier for their editorial in today's paper concerning the winning ways of the metropolitan area which includes the recent championships claimed by East High as the State's Class lA Boys Basketball champions and the Columbus Sailors as the State's Class 3A Girls Basketball champions. He also applauded UNI for their recent bid in the NCAA tournament by defeating Missouri. March 19, 1990 Page 9 95458 - Assistant City Attorney Tim Luce stated that pending litigation is an approved topic of Executive Session as authorized by Iowa State Code Chapter 21.5C(1)(c). Moved by Dell, seconded by Wright that the Council adjourn to Executive Session. Ayes: Four. Absent: Angel, Buck, Budak. Motion carried. EXECUTIVE SESSION 95451 - Moved by Fox, seconded by Dell that the Council adjourn the Executive Session. Motion carried. ADJOURNMENT 95460 - Moved by Brown, seconded by Dell to receive and file the above oral presentations and that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk/Auditor