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HomeMy WebLinkAbout03/25/91March 25, 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 March 25, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Personnel Director Jim Rodemeyer Mayor Bernie McKinley read a proclamation declaring the weeks of March 25 through April 5, 1991 as Chamber Appreciation Week. Bob Heaton, President of the Board of Directors of the Waterloo Chamber of Commerce, thanked the city for this recognition and encouraged the continued cooperation between the city and the chamber. 97155 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on March 25, 1991, at 7:00 p.m., and the Minutes of the Regular Session on March 18, 1991, at 7:00 p.m. be accepted and approved. Motion carried. ADJOURNED HEARING 97156 - The Mayor announced that the time had arrived for further discussion on the request of Keith Dyball to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District and "C -Z" Conditional Zoning property generally located on the northeast corner of Leland and Sunnyside Avenues, south of University Avenue (see CR 97077 of March 11, 1991). Herschel D. Ohl, 217 Leland Avenue, stated his opposition to the rezoning either to "C-1" or "C -Z". Paul Robinson, 1011 Rainbow Drive and owner of property near the proposed site, stated that the petition of opposition representing 66 percent of the property owners lying within 250 feet of the request should remain even though additional petitions have been submitted both for and against this request. Bob Stevenson, City Planner, stated that even though the number of petitioners for or against the request has varied, a positive vote of six councilpersons will be necessary to approve the rezoning since the petitions represent over 20 percent of the adjacent property. Mary Potter, 207 Leland Avenue, expressed her confusion and opposition to the request. Steve Daniels, attorney representing Dyball Acoustical Co., reviewed the history of the rezoning request, including the original letter from the city to Mr. Dyball, and the public hearings of the Planning, Programming and Zoning Commission meeting and City Council. Mr. Daniels indicated that his client would be willing to offer the following proposal. The Dyballs would remain at their present location until January 1, 1994, at which time the property would then revert back to the "R-4" Multiple Family Residence District. As explained by City Attorney Hugh Field, this would need to be a matter of public record but would be difficult to enforce and could be spot zoning. Mr. Daniels stated that this would provide the most flexibility for his client and hopefully address the concerns of the neighbors. Councilperson Buck stated that a portion of the property looks much like a warehouse and that it should not be allowed in a residential area. He referred to a similar rezoning request that was eventually turned down by the City Council concerning a dance studio. It too was in a residential area, but the Council did vote to move the business out of the residential area. Councilperson Fox stated that the Dyball situation was not similar to the dance studio since in that case the neighbors were the ones making the complaint in asking that the use be removed from the neighborhood. March 25, 1991 Page 2 Adjourned Hearing - continued Tina Richardson, 223 Leland Avenue, stated that she did not want a commercial use in her neighborhood and wanted it to remain as a residential district. Moved by Dell, seconded by Brown that the hearing be closed and oral and written comments be received and placed on file. Motion carried. 97157 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 32 to Section 2A -7N Conditional Zoning Certain Property", be received, placed on file and denied. Ayes: Six. Nays: Fox. Motion carried. HEARINGS AND BIDS 97158 - 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 the F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, as published in the Waterloo Courier on March 13, 1991, be received, and placed on file. Motion carried. 97159 - 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 Buck 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. 1991-138. 97160 - Moved by Fox, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-139. 97161 - Moved by Buck, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 97208 for award of bid): Bidder Bid Bond Bid Amount Aspro, Inc, & Subsidiaries, Waterloo, IA 5% $346,108.00 Motion carried. 97162 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for the Municipal Stadium Field Lighting Contract, as published in the Waterloo Courier on March 13, 1991, be received, and placed on file. Motion carried. 97163 - 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 Dell, seconded by Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted amend upon approval by Mayor assigned No. 1991-140. March 25, 1991 Page 3 Hearings and Bids - continued 97164 - Moved by Brown, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-141. 97165 - Moved by Wright, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to Director of Parks and Forestry for review and recommendation (award delayed): Bidder Bid Bond Bid Amount K W Electric Inc., Cedar Falls, IA 5% $219,659.00 Motion carried. HEARINGS 97166 - Moved by Fox, seconded by Brown that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for the Ridgeway Towers Fire Protection Project, as published in the Waterloo Courier on March 15, 1991, be received, and placed on file. Motion carried. 97167 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Deb Collett, Director of the Waterloo Housing Authority, stated that the proposed improvements were to update the sprinkler system at the city owned elderly housing project at 225 West Ridgeway Avenue. Reserve funds will be used for financing the proposed improvements. Moved by Fox, seconded by Angel that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-142. 97168 - Moved by Wright, seconded by Buck that proof of publication of notice of public hearing on the proposed issuance of $5,000,000 General Obligation Bonds for an Essential Corporate Purpose for construction, reconstruction and repair of streets improvements and sidewalks, acquisition, restoration or demolition of abandoned, dilapidated or dangerous buildings, acquisition, installation and repair of traffic control devices, rehabilitation and improvement of existing city parks, equipping of fire department, etc., as published in the Waterloo Courier on March 14, 1991, be received and placed on file. Motion carried. 97169 - 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 Fox that the hearing be closed. Motion carried. 97170 - Moved by Dell, seconded by Buck that "Resolution instituting proceedings to take additional action for the issuance of $5,000,000 General Obligation Bonds for an Essential Purpose", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-143. March 25, 1991 Page 4 Hearings - continued 97171 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on the proposed issuance of $75,000 General Obligation Bonds for a General Corporate Purpose for reconstruction, improvement and equipping of the Waterloo Municipal Stadium, as published in the Waterloo Courier on March 14, 1991, be received and placed on file. Motion carried. 97172 - 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. Motion carried. 97173 - Moved by Buck, seconded by Fox that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $75,000 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-144. 97174 - Moved by Wright, seconded by Brown that proof of publication of notice of public hearing on the proposed issuance of $75,000 General Obligation Bonds for a General Corporate Purpose for the reconstruction, improvement and equipping of City Hall, as published in the Waterloo Courier on March 14, 1991, be received and placed on file. Motion carried. 97175 - 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 Budak, seconded by Wright that the hearing be closed. Motion carried. 97176 - Moved by Buck, seconded by Angel that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $75,000 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-145. 97177 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on the proposed issuance of $60,000 General Obligation Bonds for the construction, reconstruction, enlargement, improvement and equipping of the Waterloo Recreation Center, as published in the Waterloo Courier on March 14, 1991, be received and placed on file. Motion carried. 97178 - 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 Angel that the hearing be closed. Motion carried. 97179 - Moved by Dell, seconded by Buck 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. 1991-146. March 25, 1991 UNFINISHED BUSINESS Page 5 97180 - Moved by Angel, seconded by Buck that communication from Assistant City Engineer transmitting recommendation of award of contract to Cedar Valley Corporation of Waterloo, Iowa in the amount of $1,667,460.10 for the F.Y. 1991 Street Reconstruction Program, Contract No. 400, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-147. 97181 - Moved by Angel, seconded by Buck that communication from Assistant City Engineer transmitting recommendation of award of contract to Hauptly Construction and Equipment Company, Inc. of Dunkerton, Iowa in the amount of $32,582.53, for the F.Y. 1991 Sidewalk Repair Program - Zone 3, Contract No. 407, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-148. 97182 - Moved by Angel, seconded by Buck that communication from Assistant City Engineer transmitting recommendation of award of contract to Hauptly Construction and Equipment Company, Inc. of Dunkerton, Iowa in the amount of $60,969.11 for the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract No. 399, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-149. 97183 - The Mayor announced that the time had Councilperson Joe Fox to reconsider election for a local option sales and CR 97141 of March 18, 1991). arrived for discussion on the request of the proposed resolution calling for an service tax within Black Hawk County (see Mayor McKinley stated that the Board of Supervisors has preliminarily voted to use the proceeds from the sales tax for property tax relief. Councilperson Budak stated that he still felt that the city should not be telling rural people to vote on this issue again. Moved by Fox, seconded by Brown that communication from Councilperson Joe Fox transmitting request to reconsider the proposed resolution calling for election of local option sales and service tax within Black Hawk County (see CR 97141 of March 18, 1991) , be received, placed on file and approved. Ayes: Seven. Motion carried. (see CR 97175 of March 25, 1991 for resolution.) PETITIONS FROM PUBLIC 97184 - Moved by Brown, seconded by Buck that communication from Assistant City Engineer Inc. for a variance of Chapter 25.5 of the Noise 1991 to October 1, 1991 in conjunction with together with recommendation of approval, be "Resolution approving said request", be adopted. transmitting request of Aspro, Control Ordinance from June 1, U.S. 63, FN -63-6(56)--21-07, received, placed on file and Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-150. 97185 - Moved by Brown, seconded by Buck that communication from Assistant City Engineer transmitting request of Aspro, Inc. for a variance of Chapter 25.5 of the Noise Control Ordinance from March 25, 1991 to July 1, 1991 in conjunction with Broadway -FN -57-2(17)--21-07, 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. 1991-151. March 25, 1991 Page 6 Petitions from Public - continued 97186 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting signage request from Ramada Hotel to place temporary signs at the corner of Park and Washington, between Park and South Street, before the intersection of Fletcher Avenue and Sergeant Road, at the intersection of Highway 63 and University Avenue, before Sunnyside Avenue and at the corner of Leland and South Drive, due to the Relocated U.S. Highway 218 Project, IX -218-7(78)--3P-07, 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. 1991-152. REPORTS 97187 - Moved by Fox, seconded by Dell that communication from the General Manager of the Waterloo Water Works transmitting the 1990 Operation Waterloo Water Works Operating Report be received and placed on file. Motion carried. 97188 - Moved by Fox, seconded by Dell that the Waterloo Water Works Audit Report and Financial Statements for the Years Ended December 31, 1990 and 1989, be received and placed on file. Motion carried. DOCUMENTS 97189 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract A-91 (D) to Lehman Trucking & Excavating in the amount of $19,165.00 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. 1991-153. 97190 - Moved by Buck, seconded by Brown that communication from Associate Engineer transmitting a detour agreement with the Iowa Department of Transportation to close State Highway 281 (Independence Avenue) at the Elk Run Road intersection, 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. 1991-154. 97191 - Moved by Buck, seconded by Brown that communication from City Planner transmitting recommendation of appraisal contract to Keith Jones of Cedar Falls, Iowa in the amount in conjunction with the Powers Manufacturing expansion project, be placed on file and "Resolution approving said contract", be adopted and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-155. award of of $1,400 received, and Mayor March 25, 1991 RESOLUTIONS TO BE ADOPTED 97192 - Moved by Buck, seconded by Dell Page 7 that "Resolution authorizing the partial and temporary easement contracts and accepting the deeds and easement for Parcel Nos. 1 (Iowa Public Service), 2 (Schoitz Engineering, Inc.), 6 (Alexa Mayner, etal), 7 and 7-A (Gary and Amy Iversen), 8 Robert and Suzanne Salsbury), 9 (Robert and Louise Eastman), 10 (Dale and Laurene Hoofnagle), 13 (Blanche Pullin), 18 (Kintner -Snell Trust), 19 (Lowell Walker), 21 and 22 (Sammuel and Merlin Harbaugh), 29 (Villa del Sol Condominium Assoc.), 30 (Southland Park Condominium Assoc.), 32 (Darrell and Lonny Chevalier), and 33 (Nick & Robin Courbat) in conjunction with Shaulis Road Reconstruction, M-6470(4)--81-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-156. 97193 - Moved by Buck, seconded by Dell that "Resolution authorizing and directing the Clerk/Auditor to destroy certain tape recordings of various City Council Committee meetings", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-157. 97194 - Moved by Buck, seconded by Dell that "Resolution authorizing and providing for the issuance of $5,210,000 General Obligation Bonds and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-158. 97195 - Moved by Fox, seconded by Dell that "Resolution of Intent from the Black Hawk County Board of Supervisors allocating 100 percent of any revenues from a sales and services tax for property tax relief and asking that the Waterloo City Council call for an election outside the metro area for sales and services tax at earliest possible time", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-159. 97196 - Moved by Buck, seconded by Dell that "Resolution proclaiming the week of March 25, 1991 as No Grump Week", be adopted. Prior to a vote, Mayor McKinley read the resolution to the audience. Ayes: Six. Nays: Brown. Resolution adopted and upon approval by Mayor assigned No. 1991-160. ORDINANCES TO BE ADOPTED 97197 - Moved by Angel, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (33) Burton Avenue of Section 551, Parking Prohibited At All Times on Certain Streets; and by enacting in lieu thereof a new Subsection (33) Burton Avenue to Section 551, Parking Prohibited at All Times on Certain Streets (Changing the parking from the east side to the west side of Burton Avenue between Virginia and Walker Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97198 - Moved by Dell, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo as it pertains to Section 9-45, Permit Fees (building moving, driveway and excavation fees to be set by resolution)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. March 25, 1991 Page 8 Ordinances to be Adopted - continued 97199 - Moved by Brown, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97200 - Moved by Fox, 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. 97201 - Moved by Buck, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo as it pertains to Section 9-45, Permit Fees (building moving, driveway and excavation fees to be set by resolution)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3777. BILLS PAYMENT 97202 - Moved by Angel, seconded by Dell that "Resolution approving Schedule A918, pp. 1-63, in the amount of $1,276,542.16, dated March 25, 1991, 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. 1991-161. NEW BUSINESS 97203 - Moved by Budak, seconded by Wright that communication from Superintendent of Traffic Operations transmitting recommendation to install a 100 watt HPS sodium street light in the 800 block of Jane Street, be received, placed on file and "Resolution approving said light installation", be adopted and Clerk/Auditor instructed to notify Iowa Public Service of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-162. 97204 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request that the newly constructed north -bound service road for Relocated 218 beginning at approximately West Tenth Street and ending at West Second Street be designated as Washington Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 8, 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. 1991-163. Travel Requests 97205 - Moved by Fox, seconded by Angel that the following travel requests, with expenses not to exc be received, placed on file and approved: 1. Clarence Alling, Art Director, to arrange for exhibition Symposium on Printmaking in Des Moines, Iowa, on April with costs not to exceed $162.50. 2. Cammie Scully, Assistant Director, to attend Drake Print Moines, Iowa and Iowa Art Educator's Conference in Ames, - 13, 1991, with costs not to exceed $340.00. eed amount shown, and attend Drake 10 and 11, 1991, Symposium in Des Iowa, on April 10 March 25, 1991 Page 9 Travel Requests - continued 3. Darlene Welsh, Administrative Secretary, to attend computer seminar in Cedar Rapids, Iowa, on May 7, 1991, with costs not to exceed $157.50, including the use of city vehicle. 4. Dave Schuldt, Associate Engineer, to attend Project Management Skills seminar in Waterloo, Iowa, on April 19, 1991, with costs not to exceed $154.00. Motion carried. MISCELLANEOUS 97206 - Moved by Fox, seconded by Angel 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: 1. Beer License Permit Application Class C Warco, 1008 LaPorte Road (Renewal) (Expires 4/19/92) (Includes Sunday Sales) Holiday Station Store, 3260 University Avenue (Renewal) (Expires 5/4/92) (Includes Sunday Sales) South Hills Golf Course, 1830 E. Shaulis Road (Seasonal 4/1/91 - 10/1/91) (Includes Sunday Sales) Waterloo Softball Association, Corner of Burton & Longfellow (Seasonal 4/26/91 - 10/25/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C West Coast Connection, 735 Logan Avenue (Expires 3/28/92) (Includes Sunday Sales) Motion carried. BONDS 97207 - Moved by Budak, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 25, 1991, be received, placed on file and report and bonds approved. Motion carried. 97208 - Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to Aspro, Inc. & Subsidiaries of Waterloo, Iowa, in the amount of $346,108.00 for the F.Y. 1990, Contract No. 353", be adopted (see CR 97161 for opening of bid). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-164. ORAL PRESENTATIONS 97209 - Councilperson Dell commended the East High School Boy's Basketball Team for their successful basketball season this year as well as being awarded the sportsman award trophy. Mayor McKinley commended the students and indicated that they would be properly recognized at a future City Council meeting. Dan Roth, a member of the Black Hawk County Farm Bureau, thanked the Council for approving the resolution on the local option sales and services tax (see CR 97195 of March 25, 1991). He indicated that the election can now be placed on the ballot in less than 105 days and no more than 120 days from the present. He also indicated that the small towns in Black Hawk County have also expressed an interest in placing the proposition before the voters. Steve Burman, thanked the Council for their action on this resolution. March 25, 1991 Page 10 Oral Presentations - continued Mayor McKinley stated that assisting the county on this is important to the well being of the entire area. He also stated that he agrees with the use of the funds for relief of property tax since that will also lessen the property tax levy to the citizens within the corporate limits of Waterloo. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:10 p.m. Motion carried. Larry P. Burger City Clerk/Auditor