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HomeMy WebLinkAbout04/22/91April 22, 1991 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 22, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Dave Buck Pledge of Allegiance: City Staff 97292 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on April 22, 1991, at 7:00 p.m., and the Minutes of the Regular Session on April 15, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 97293 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for Sludge Disposal Services, as published in the Waterloo Courier on April 5, 1991, be received and placed on file. Motion carried. 97294 - 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 "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. 1991-206. 97295 - Moved by Budak, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-207. 97296 - Moved by Fox, seconded by Brown to receive, file and instruct Clerk/Auditor to open and read bids and refer to Public Works Director for review and recommendation (award of contract delayed): Bidder Bid Bond Base Bid C & E Services Ltd., 5% $104,625.00 Cedar Rapids, IA Enviroland, Inc., $6,352.00 $127,050.00 DeWitt, MI Nutri-Ject Systems, Inc. 5% $ 92,400.00 Hudson, IA Motion carried. HEARINGS 97297 - Moved by Buck, seconded by Dell Alt.#1 $425,475.00 $516,670.00 $366,000.00 Alt.#2 $43,215.00 $19,698.00 $40,200.00 that proof of publication of notice of public hearing on request of Friends of Faith Retirement (Friendship Village) to vacate a portion of the east -west ten foot platted utility easement along the north side of Lot 23 of Brookeridge Addition, as published in the Waterloo Courier on April 12, 1991, be received and placed on file. Motion carried. April 22, 1991 Page 2 Hearings - continued 97298 - 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 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. 97299 - Moved by Dell, seconded by Fox that "an Ordinance vacating a portion of the east -west ten foot platted utility easement along the north side of Lot 23, Brookeridge Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97300 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97301 - Moved by Wright, seconded by Dell 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. 97302 - Moved by Angel, seconded by Buck that "an Ordinance vacating a portion of the east -west ten foot platted utility easement along the north side of Lot 23, Brookeridge Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3780. 97303 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Powers Manufacturing Company to rezone from "M-2" Heavy Industrial District to "M-1" Light Industrial District property generally located within the seventeen (17) block area of the Rath Tax Increment Financing District, as published in the Waterloo Courier on April 5, 1991, be received and placed on file. Motion carried. 97304 - 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 Wright, seconded by Buck 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. 97305 - Moved by Buck, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 262 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97306 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. April 22, 1991 Hearings - continued 97307 - Moved by Budak, seconded by Wright Page 3 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. 97308 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 262 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3781. 97309 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on the proposed issuance of not to exceed $60,000 General Obligation Bonds for a General Corporate Purpose for improvements and equipping of public library children's department, as published in the Waterloo Courier on April 9, 1991, be received and placed on file. Motion carried. 97310 - 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 Dell that the hearing be closed. Motion carried. 97311 - Moved by Fox, seconded by Dell that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $60,000 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-208. 97312 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on the proposed issuance of not to exceed $55,000 General Obligation Bonds for a General Corporate Purpose for renovation of former Carneige Library building and reconstruction and improvement of a fire station, as published in the Waterloo Courier on April 9, 1991, be received and placed on file. Motion carried. 97313 - 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 Wright, seconded by Buck that the hearing be closed. Motion carried. 97314 - Moved by Dell, seconded by Budak that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $55,000 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-209. April 22, 1991 Page 4 PETITIONS FROM PUBLIC 97315 - Moved by Budak, seconded by Brown that communication from the Waterloo Water Works Board transmitting request of Russ Tidwell for Waterloo Water Works to forgive special water service line work assessment in the amount of $798.30 for property located at 809-811 East Fourth Street, be received, placed on file and "Resolution approving said request, subject to forgiveness of other special assessments and delinquent taxes", be adopted and Clerk/Auditor instructed to notify the Black Hawk County Treasurer of said forgiveness. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-210. 97316 - Moved by Budak, seconded by Brown that communication from City Engineer transmitting request of George Peirce for temporary concrete driveway to be located at 513 Belle Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-211. 97317 - Moved by Budak, seconded by Brown that communication from City Planner transmitting request of Richard and Junean Witham to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District property generally located along the west side of Pheasant Lane, south of Olympic Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 20, 1991, 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. 1991-212. 97318 - Moved by Budak, seconded by Brown that communication from City Planner transmitting request of Petcor N.A. Corporation to rezone from "C-2" Commercial District to "C -Z" Conditional Zoning District property generally located along the south side of U.S. Highway 20, east of K -Line Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 13, 1991 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. 1991-213. 97319 - Moved by Budak, seconded by Brown that communication from Associate City Engineer transmitting request of Aspro, Inc. and Subsidiaries for a variance to Chapter 25.5 of the Noise Ordinance from April 23, 1991 to August 15, 1991 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 request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-214. 97320 - Moved by Budak, seconded by Brown that communication from Associate City Engineer transmitting request of Allied Construction for a variance to Chapter 25.5 of the Noise Ordinance from April 9, 1991 to November 1, 1991 in conjunction with F.Y. 1991 North Elk Run Road Improvements, Contract No. 389, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-215. April 22, 1991 Petitions from Public - continued 97321 - Moved by Budak, seconded by Brown Page 5 that communication from Assistant City Engineer transmitting request for a variance to Ordinance No. 2644, Section 569, of the Traffic Ordinance to allow truck traffic on Beech Street between Willow Street and Newell Street in conjunction with F.Y. 1991 Street Reconstruction Program, Contract No. 400, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-216. REPORTS 97322 - Moved by Dell, seconded by Buck that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --March 1991, be received and placed on file. Motion carried. DOCUMENTS 97323 - Moved by Fox, seconded by Brown that communication from Executive Director of the Waterloo Housing Authority transmitting Contracts, Bonds and Certificates of Insurance from Blackhawk Automatic Sprinklers, Inc. of Waterloo, Iowa in the amount of $45,900 for Ridgeway Towers Fire Protection Project, be received, placed on file and "Resolution approving said documents", be adopted and Executive Director authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-217. 97324 - Moved by Fox, seconded by Brown that communication from Executive Director of the Waterloo Housing Authority transmitting Change Order No. 1 for a net increase of $750.00 for work to be performed by Blackhawk Automatic Sprinklers, Inc. in conjunction with Ridgeway Towers Fire Protection Project, be received, placed on file and approved. Motion carried. 97325 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting agreement with Wayne Claassen Engineering & Surveying, Inc. for final engineering design, plans, specifications and cost estimate for W.C.F.&N. Drive Frontage Road, Contract No. 417, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-218. 97326 - Moved by Fox, seconded by Brown that communication from Transportation Program Ma$ager transmitting recommendation of award of demolition and site clearance contract to Lehman Trucking & Excavating Inc. in the amount of $9,320 for Broadway Cleaners, 624 Broadway Street, 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. 1991-219. April 22, 1991 Page 6 Documents - continued 97327 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of contract to Wayne Claassen Engineering & Surveying, Inc. in the amount of $950 for land surveying services in conjunction with Disposal Parcels H, I & J, Ansborough Avenue South, IX -6615(3)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-220. 97328 - Moved by Fox, seconded by Brown that communication from City Engineer transmitting a Consent to Plat and Limited Release form with the owners of Tower Park, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-221. 97329 - Moved by Fox, seconded by Brown that communication from City Engineer transmitting Five Year Street Reconstruction Program for Road Use Tax Fund (R.U.T. 4A) with Iowa Department of Transportation, together with recommendation of approval, be received, placed on file and "Resolution approving said program", be adopted and Clerk/Auditor instructed to file the "Official Municipality Report for Street Construction Program" with the Iowa Department of Transportation by May 1, 1991. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-222. 97330 - Moved by Fox, seconded by Brown that communication from Planning and Development Director transmitting a proposed development agreement with Powers Manufacturing and authorization to publish a public notice of intention to enter into the agreement (acquire and resell certain property in Rath Redevelopment area to Powers Manufacturing for expansion of their manufacturing facility), be received, placed on file and "Resolution of Intention setting date as May 28, 1991 at 7:00 p.m. in the City Hall Council Chambers for the purpose of taking additional action on the disposal of said properties", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-223. RESOLUTIONS TO BE ADOPTED 97331 - Moved by Brown, seconded by Buck that "Resolution authorizing commencement of condemnation proceedings for total and partial acquisition for Parcel Nos. 726 Randolph, 614-616 Wellington Street, 615 Wellington Court, 610 Wellington Court and 819-821 West 4th Street in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-224. BILLS PAYMENT 97332 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-68, in the amount of $1,459,234.83, dated April 22, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-225. April 22, 1991 NEW BUSINESS Page 7 97333 - Moved by Buck, seconded by Wright that the final schedule of assessment and final plat for Parcel C, Tower Park for storm and sanitary sewer improvements, be received, placed on file and "Resolution authorizing the levying of assessments in conjunction with Parcel C, Tower Park", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-226. Travel Requests 97334 - Moved by Wright, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bernard L. McKinley, Mayor, to attend 59th Annual Conference of Mayors in San Diego, California, on June 14-19, 1991, with costs not to exceed $1,718.00. 2. Jeff Bales, Associate Engineer, to attend Training Course at IDOT for Traffic Engineering in Ames, Iowa, on April 22-26 and May 20-24, 1991, with costs not to exceed $235.00. Motion carried. MISCELLANEOUS 97335 - Moved by Wright, seconded by Buck that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for dance license, application for theater license and application for roller skating rink, be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 5/1/92) (Includes Sunday Sales) Silver Fox, 910 West 5th Street (Renewal) (Expires 5/7/92) (Includes Sunday Sales) 2. Liquor License Permit Application Class B Ramada Hotel, 214 Washington Street (Renewal) (Expires 5/14/92) (Includes Sunday Sales) Application for Dance License The Rush, 3295 University Avenue Application for Theater License Crossroads 10 Theatre, 2450 Crossroads Boulevard Application for Roller Skating Ring Skates LTD, 1101 Black Hawk Road Motion carried. BONDS 97336 - Moved by Angel, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 22, 1991, be received, placed on file and report and bonds approved. Motion carried. April 22, 1991 Page 8 ORAL PRESENTATIONS 97337 - Bill Lemke, 149 Madison Street, questioned whether the wells at the Rath Packing site have been properly enclosed with the demolition of the former Rath site area. Mark Boesen, Assistant Administrator of Community Development, said all wells in the site have been tested and are being closed according to E.P.A. (Environmental Protection Agency) regulations. Shirley Koslowski, 816 Archer Avenue, magazine features the Chain of Lakes material. Rick Tagtow, Director of Parks and Friday, April 26, 1991 is Arbor Day. West Intermediate School on Friday at commented that the April -May Inn Towner and encouraged the Council to read the Forestry, reminded Council Members that An Arbor Day celebration will be held at 2:00 p.m. The public is invited. Councilperson Brown questioned whether the spring burning dates that end on Saturday, April 27, 1991 could be extended. He indicated that he has received several requests. Due to the excessive rainfall this spring, people have been unable to burn. Mayor McKinley stated that the ordinance which was adopted by the City Council (Ordinance No. 3776, adopted March 18, 1991) specifies that burning will be allowed between April 7 and 27, 1991 and October 27 and November 30, 1991 and that no action could be taken on this item at this evening's meeting and that the next scheduled meeting of the Council is Monday, May 6, 1991, well beyond the deadline. No action was taken on this item. Moved by Buck, seconded by Wright that the above oral commitments be received and placed on file. Motion carried. 97338 - City Attorney Hugh Field stated that labor strategy is an approved topic of Executive Session as authorized by Iowa Code, Section 20.16. Moved by Buck, seconded by Dell that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 97339 - Moved by Buck, seconded by Wright that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. 97340 - Moved by Buck, seconded by Brown that the negotiation team be authorized to continue labor negotiations. Ayes: Seven. Motion carried. ADJOURNMENT 97341 - Moved by Buck, seconded by Brown that the Council adjourn at 7:45 p.m. Motion carried. Larry P. Burger City Clerk/Auditor