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HomeMy WebLinkAbout03/18/91March 18, 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 18, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Councilperson Bob Brown 97110 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on March 18, 1991, at 7:00 p.m., and the Minutes of the Special Session on March 6, 1991, at 7:00 p.m., and the Minutes of the Regular Session on March 11, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 97111 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for the F.Y. 1991 Street Reconstruction Program, Contract No. 400, as published in the Waterloo Courier on March 1, 1991, be received, and placed on file. Motion carried. 97112 - 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 Brown that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-121. 97113 - Moved by Dell, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-122. 97114 - Moved by Brown, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed): Bidder Base Bid + Base Bid + Bid Bond Alternate A Alternate B Aspro Inc. & Subsidiaries, Waterloo, IA 5% $1,699,932.61 Cedar Valley Corp., Waterloo, IA 5% $1,667,460.10 Motion carried. 97115 - 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. 1991 Elk Run Road Improvements, Contract No. 389, as published in the Waterloo Courier on March 4, 1991, be received, and placed on file. Motion carried. March 18, 1991 Page 2 Hearings and Bids - continued 97116 - 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 Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-123. 97117 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Buck. Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1991-124. 97118 - Moved by Budak, seconded by Brown to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed): Bidder Bid Bond Bid Amount Allied Construction Co. Inc., Charles City, IA Cedar Valley Corp., Waterloo, IA Motion carried. 5% $2,159,673.71 5% $2,211,455.90 97119 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for the F.Y. 1991 Sidewalk Repair Program - Zone 3, Contract No. 407, as published in the Waterloo Courier on March 4, 1991, be received, and placed on file. Motion carried. 97120 - 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 Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-125. 97121 - Moved by Wright, seconded by Budak that "Resolution ordering construction", be adopted. Ayes: Buck. Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1991-126. 97122 - Moved by Fox, seconded by Angel to receive, file and instruct Deputy Clerk/Auditor to open and read bids refer to City Engineer for review and recommendation (award delayed): Bidder B & B Builders & Supply, Waterloo, IA Dolan Concrete and Masonry Inc., Waterloo, IA Hauptly Construction & Equipment, Dunkerton, IA Jim Sands Construction, Cedar Falls, IA Motion carried. Bid Bond Bid Amount 5% 5% $1,680.00 $2,534.47 $37,015.43 $34,135.38 $32,582.54 $50,689.40 and March 18, 1991 Page 3 Hearings and Bids - continued 97123 - 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. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract No. 399, as published in the Waterloo Courier on March 4, 1991, be received, and placed on file. Motion carried. 97124 - 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 Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-127. 97125 - Moved by Budak, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-128. 97126 - Moved by Dell, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed): Bidder Bid Bond Bid Amount B & B Builders & Supply, Waterloo, IA $3,328.56 $66,576.43 Borwig Building Service, Waterloo, IA 5% $61,132.30 Christone Concrete/Construction, Waterloo, IA 5% $64,545.34 Hauptly Construction & Equipment, Dunkerton, IA $3,050.00 $60,968.00 Jim Sands Construction, Cedar Falls, IA $3,924.04 $78,480.75 Motion carried. HEARINGS 97127 - Moved by Brown, seconded by Angel that proof of publication of notice of public hearing and notice to bidders for Sixth Street Extension -- West, Stage I, IX -6604(3)--79-07, as published in the Waterloo Courier on March 8 and March 11, 1991, be received and placed on file. Motion carried. 97128 - 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 Brown that "Resolution authorizing to proceed on said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-129. 97129 - Moved by Dell, seconded by Brown that proof of publication of notice of public hearing and notice to bidders for Shaulis Road Reconstruction, M-6470(5)--81-07, as published in the Waterloo Courier on March 8 and March 11, 1991, be received and placed on file. Motion carried. March 18, 1991 Page 4 Hearings - continued 97130 - 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 Angel, seconded by Fox that "Resolution authorizing to proceed on said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-130. 97131 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing and notice to bidders for Closed -Loop Grid Traffic Control System, Downtown Subsystem "M", IX -6453(3)--79-07, Contract No. 370, as published in the Waterloo Courier on March 12, 1991, be received and placed on file. Motion carried. 971322 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that the project includes improvements to 33 traffic signals on the east side of downtown. Upon its completion, all signals will allow optimum flow of traffic. Funding for the project is from Interstate Substitution funds with the city sharing in 15 percent of the total $1 million cost. Moved by Brown, seconded by Angel that "Resolution authorizing to proceed on said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-131. PETITIONS FROM PUBLIC 97133 - Moved by Budak, seconded by Fox that communication from City Engineer transmitting request of Vernon Reiter to place asphalt in the area between the back of curb and the sidewalk at 1019 Commercial Street for beautification and maintenance purposes, together with recommendation of approval be received, placed on file and approved. Motion carried. REPORTS 97134 - Moved by Budak, seconded by Fox that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --February 1991, be received and placed on file. Motion carried. DOCUMENTS 97135 - Moved by Fox, seconded by Dell that communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase of $7,930.00 for work performed by E. B. Spencer Engineering Company in conjunction with F.Y. 1990 Waterloo Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. March 18, 1991 Page 5 Documents - continued 97136 - Moved by Fox, seconded by Dell that communication from City Planner transmitting a request by the Historic Preservation Commission to submit a grant application to the Historic Resource Development Program (HRDP) to host a statewide training conference on HRDP program and historic preservation, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-132. RESOLUTIONS TO BE ADOPTED 97137 - Moved by Brown, seconded by Angel that "Resolution transferring from the Sewer Facilities Fund the sum of $829,787.00 to the Pollution Plant Improvements Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-133. 97138 - Moved by Brown, 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 (17th Year Community Development Block Grant Statement)", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-134. 97139 - Moved by Brown, seconded by Angel that communication from City Planner requesting authorization to proceed with condemnation proceedings for partial acquisition for Parcel Nos. 2, 9, 11 and 12 in conjunction with North Elk Run Road Improvement, Contract No. 389, be received, placed on fi:Le and "Resolution authorizing said condemnation proceedings", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-135. 97140 - Moved by Brown, seconded by Angel that "Resolution authorizing submission of an application for RISE funding for Powers Engineering Company for construction of a frontage road adjacent to WCF&N Drive from the Hydrite Chemical Co. access southerly approximately 815 feet", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-136. 97141 - The Mayor announced that the time had arrived for discussion of a Resolution of Intent for the City of Waterloo to call for an election outside the metro area for implementation of a sales and services tax for property tax relief (see CR 97041 of March 4, 1991). Councilperson Angel stated that county residents had already voted on the issue on January 22, 1991 and did not see a need for resubmittal of the issue to the voters. She agreed with the petition method of putting the question back on the ballot. Councilperson Fox questioned whether the tax relief would be for county residents only or also urban residents. Leon Mosley, a member of the Black Hawk County Supervisors and Farm Bureau member, stated that the tax relief would be used for all residents, including rural and urban. March 18, 1991 Page 6 Resolutions to be Adopted - continued Councilperson Fox questioned whether the county had done any calculations on determining the actual tax relief provided to each household. This information has not been gathered. Mayor McKinley stated that the city would receive $1 million less for reconstruction of its road if the county approved the tax, but it would in turn give property tax relief to Waterloo residents. Councilperson Budak inquired as to how the petition drive was going for receiving signatures of county residents wishing to have the ballot put before the electorate. Exact number of signatures received had not been determined. Councilperson Fox questioned why the county had changed its usage of the tax from jail and tax relief purposes to tax relief only. Mr. Mosley stated that the Board wanted property tax relief for everyone. Councilperson Budak stated that he did not want to give a signal to county taxpayers that we were forcing them to re -vote on the issue. Questions were heard concerning why the issue had been on the Waterloo City Council agenda for three weeks, with still no official action. Steve Burman stated that in his contacts with county residents, the issue was voted down because of a misunderstanding that county residents would be paying for city street repairs. County residents are now being educated to the proposed use of the tax. Mayor McKinley stated that he was satisfied with the information provided by county officials on the specific use of the money. Moved by Brown, seconded by Angel 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 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: Dell, Brown. Nays: Fox, Angel, Wright, Budak. Absent: Buck. Resolution not adopted. ORDINANCES TO BE ADOPTED 97142 - The Mayor announced that the time had arrived for discussion on the second reading of an ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to definition of group homes for persons with disabilities and allowing same in residential districts. Ralph Smith, attorney from Charles City representing Comprehensive Systems, a non-profit organization providing residential services to handicapped persons, addressed the Council concerning intermediate care facilities and how it related to the proposed ordinance amendment. Mr. Smith explained that their group has considered locating such residential facilities in Waterloo and wanted to be assured that this type of care facility would be allowed by the Zoning Ordinance amendments. Bob Stevenson, City Planner, suggested that the Council proceed with this ordinance amendment and refer the item of intermediate care facilities in residential areas back to the Planning, Programming and Zoning Commission for official action. This would allow complete review of the state's definition of this type of facility. Moved by Angel, seconded by Dell that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to definition of group homes for persons with disabilities and allowing said group homes to be located in all residential districts as a permitted use", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. March 18, 1991 Page 7 Ordinances to be Adopted - continued 97143 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 97144 - Moved by Brown, seconded by Wright that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 97145 - Moved by Angel, seconded by Fox that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to definition of group homes for persons with disabilities and allowing said group homes to be located in all residential districts as a permitted use", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3775. 97146 - The Mayor announced that the time had arrived for discussion on the first reading of an ordinance amending the Garbage and Refuse Ordinance as it pertains to open burning of yard waste. Mayor McKinley reported that the special yard waste committee had recommended that burning be allowed during five weeks in the fall (except Sunday) and that burning be banned in 1992. The idea was to allow 1991 to be a transitional year and allow extensive publicity to educate citizens of the ban for 1992. The Mayor announced that during a City Council Work Session held earlier in the day, it was the Council's recommendation that the committee's report be amended to allow three weeks of burning during the spring (April 7 - April 27, 1991) and five weeks during the fall (October 27 - November 30, 1991), including Sundays, and that a ban on burning be imposed in 1992. Moved by Wright, seconded by Budak that "an Ordinance amending the Garbage and Refuse Ordinance as it pertains to open burning of yard waste", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 97147 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 97148 - Moved by Budak, seconded by Fox 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: Six. Absent: Buck. Motion carried. 97149 - Moved by Fox, seconded by Wright that "an Ordinance amending the Garbage and Refuse Ordinance as it pertains to open burning of yard waste", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3776. BILLS PAYMENT 97150 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-55, in the amount of $438,479.99, dated March 18, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-137. March 18, 1991 Page 8 Travel Requests 97151 - Moved by Wright, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dennis Gentz, Assistant City Engineer, to attend Pipeline Materials and Design Seminar in Ames, Iowa on April 5, 1991, with costs not to exceed $422.50, including the use of City vehicle. 2. Louis Cutwright, Jr., Building Official, to attend The More Effective Supervisor Seminar in Cedar Rapids, Iowa, on May 24, 1991, with costs not to exceed $132.50, including the use of City vehicle. Motion carried. MISCELLANEOUS 97152 - Moved by Wright, 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 B Waterloo Women's Softball Association, Exchange Park (Seasonal 4/25/91 - 10/15/91) (Includes Sunday Sales) Byrnes Park Golf Course & Pro Shop, 1000 Fletcher Avenue (Seasonal 3/21/91 11/20/91) (Includes Sunday Sales) Waterloo Professional Baseball, 850 Park Road (Seasonal 4/1/91 - 10/1/91) (Includes Sunday Sales) 2. Beer License Permit Application Class C Petro -N -Provisions, 1807 LaPorte Road (Renewal) (Expires 4/9/92) (Includes Sunday Sales) Family Circle Sunoco, 111 West Ridgeway (Renewal) (Expires 4/6/92) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Porky's Red Carpet Club, 1409 Newell (Renewal) (Expires 4/5/92) (Includes Sunday Sales) The New Waterloo Club, 10 West 4th Street (Renewal) (Expires 4/5/92) (Includes Sunday Sales) Motion carried. BONDS 97153 - Moved by Budak, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 18, 1991, be received, placed on file and report and bonds filed. Motion carried. ORAL PRESENTATIONS 97154 - Sam Hopkins, 48 East Parker Street, complained of an adjoining neighbor who feeds goats, geese, chickens, ducks, etc., on his property. He stated that it is a nuisance for his family and adjoining neighbors. Mr. Hopkins explained that several months ago, a city department had sent his neighbor a notice to discontinue the operation in two weeks, but no further action had been taken. The Mayor assured him that the proper city department would address his concern and report back to the Council. Mel Smelser, 2235 Temple Avenue, again asked the Council reconsider its animal control ordinance to reflect situations such as Mr. Hopkins has described above. March 18, 1991 Page 9 Oral Presentations - continued Sang -Ki Han, Assistant City Attorney, stated that the animal control ordinance has been recently revised by the City Council and that this situation is an enforcement problem rather than a need for an ordinance change. Elaine Jaquith, 3148 Marigold Drive, questioned whether the ordinance passed earlier in the evening by the City Council (see CR 97149) means that the city intends to ban burning in 1992. The Mayor answered in the positive. Mayor McKinley explained that the recommendation of the yard waste committee had been liberalized to allow three additional weeks of burning in the spring. Ms. Jaquith questioned why the Council did not challenge the committee's report. Councilperson Wright stated that the committee consisted of many people and that the recommendation was not unanimous and, therefore, the Council could take whatever action was necessary. Ms. Jaquith questioned whether the pesticide ad hoc committee would be meeting soon. Councilperson Dell assured her that the committee will meet soon, and she will be notified accordingly. Moved by Brown, seconded by Wright that the above oral presentations be received, placed on file and the Council adjourn at 8:05 p.m. Motion carried. Larry P. Burger City Clerk/Auditor