HomeMy WebLinkAbout03/04/91•_ J
March 4, 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 4, 1991. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Bob Brown
Pledge of Allegiance: Assistant City Attorney Sang -Ki Han
97025 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on March 4, 1991, at 7:00
p.m. and the Minutes of the Regular Session on February 25, 1991, at 7:00 p.m.,
be accepted and approved. Motion carried.
HEARINGS
97026 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on the request of Kevan
Cortright and Dick Witham to rezone from "C-1" Commercial District to
"C -1"/"C -Z" Commercial/Conditional Zoning property generally located at the
northeast corner of Kimball Avenue and San Marnan Drive, as published in the
Waterloo Courier on February 15, 1991, be received and placed on file. Motion
carried.
97027 - 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 and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Motion
carried.
97028 - Moved by Fox, seconded by Dell
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 31 to Section 2A -7N Conditional Zoning
Certain Property", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
97029 - Moved by Buck, seconded by Brown
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97030 - Moved by Budak, 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.
97031 - Moved by Fox, seconded by Wright
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 31 to Section 2A -7N Conditional Zoning
Certain Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3770.
97032 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Kevan
Cortright and Dick Witham to vacate, sell and convey a portion of Kimball
Avenue and San Marnan Drive excess right-of-way, as published in the Waterloo
Courier on February 15, 1991, be received and placed on file. Motion carried.
March 4, 1991 Page 2
Hearings - continued
97033 - 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 Fox
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.
97034 - Moved by Dell, seconded by Angel
that "an Ordinance vacating a portion of Kimball Avenue and San Marnan Drive
excess right-of-way", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
97035 - Moved by Brown, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97036 - Moved by Fox, seconded by Wright
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.
97037 - Moved by Angel, seconded by Buck
that "an Ordinance vacating a portion of Kimball Avenue and San Marnan Drive
excess right-of-way", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3771.
97038 - Moved by Budak, seconded by Fox
that "Resolution authorizing sale and conveyance of a portion of Kimball Avenue
and San Marnan Drive excess right-of-way to Kevan Cortright and Dick Witham for
$9,841.71, plus cost", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-90.
PETITIONS FROM PUBLIC
97039 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request.of Cedar Valley
Corporation for a variance to Chapter 25.5 of the Noise Control Ordinance from
March 5, 1991 to June 15, 1991 to conduct sawing operations in conjunction with
Big Rock Road Paving, Contract No. 395, 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. 1991-91.
97040 - Ken Bohnsack, Freeport, Illinois, made a presentation by Sovereignty, a
non-profit organization with two purposes: 1) To reduce the high and
escalating taxes, both income and property, and 2) To fund a greater degree of
necessary and legitimate needs of our communities and nations. Sovereignty has
identified interest payments as a costly item to all forms of government,
including federal, state and local government debt. Sovereignty supports the
borrowing of money by tax -supported bodies through interest-free loans from the
U.S. Treasury for capital projects. Once the loan is repaid, without interest,
the money is taken out of circulation, thus preventing inflation. To date, 81
cities in the United States have adopted resolutions of support for this
concept, including Fort Myers, Florida. After discussion, it was agreed once
the Sovereignty campaign has presented its proposal to the U.S. Congress and if
it is unsatisfactory to the Waterloo City Council, the Council could at that
time withdraw its support or revise its opinion.
March 4, 1991
Petitions from Public - continued
Moved by Brown, seconded by Dell
Page 3
that the above communication be received, placed on file and "Resolution
approving the support of the Sovereignty campaign for interest-free loans for
tax supported bodies", be adopted. Ayes: Six. Nays: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1991-92.
REPORTS
97041 - Leon Mosley, representing the Black Hawk County Farm Bureau, asked that the
City Council consider adopting a resolution authorizing the residents outside
the six contiguous communities that have adopted the local option sales tax an
opportunity to revote on this referendum. Mr. Mosley explained that a
municipality comprising over 50 percent of the county -wide population may by
resolution bring this issue to the ballot. A second option would be to obtain
the signatures of 10 percent of those individuals voting in the last
presidential election, thus bringing it to a vote of the people. Due to time
constraints involved in collecting the names for a petition, Mr. Mosley asked
that the Council act on this resolution. The cost of the election would be
borne by Black Hawk County. If approved by the voters, the County could
realize approximately $1.1 million.
Mayor McKinley asked if the County had made a decision on the proposed use of
the funds if approved by voters. Although the County has not formally adopted
a proposed use if this referendum were approved, it is Mr. Mosley's
understanding that proceeds would be used for property tax relief and
retirement of debt service on the proposed county jail facility. Mayor
McKinley suggested that prior to Council action on this request, the Black Hawk
County Board of Supervisors adopt a resolution stating the proposed use of the
funds. Upon passage of this resolution, the Council would then be ready to act
on the request, possibly by next Monday if the action of the Supervisors is
completed by that time.
In response to a question from Councilperson Buck, a representative of the Farm
Bureau stated that even though the issue was soundly defeated by county
residents on January 22, :1991, it was his feeling that residents are now better
informed of the usefulness of the measure and that chances are it would pass.
Moved by Brown, seconded by Buck
that communication from members of the Black Hawk County Farm Bureau
transmitting request to resubmit the local option sales and services tax
referendum for rural residents be received, placed on file and action tabled
until the Black Hawk County Supervisors have determined a proposed use of the
funds. Ayes: Seven. Motion carried.
DOCUMENTS
97042 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting agreement
with the Iowa Department of Transportation for the lengthening of the left -turn
lane on the west approach to University Avenue/Falls Avenue intersection and
the installation of a concrete median barrier on Broadway Street between Parker
Street and Kern Street, 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: Five. Nays: Angel,
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1991-93.
March 4, 1991 Page 4
RESOLUTIONS TO BE ADOPTED
97043 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for Shaulis Road
Reconstruction, M-6470(5)--81-07, be received, placed on file and "Resolution
setting date of hearing as March 18, 1991, at 7:00 p.m. in the City Hall
Council Chambers on said project", be adopted and Clerk/Auditor instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-94.
97044 - Moved by Buck, seconded by Wright
that "Resolution authorizing the cancellation of special assessment for sewage
disposal and garbage collection at 640 Quincy Street for property sold at a tax
sale", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-95.
97045 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the Sixth Street
Extension - West, Stage I, IX -6604(3)--79-07, be received, placed on file and
"Resolution setting date of hearing as March 18, 1991 at 7:00 p.m. in the City
Hall Council Chambers on said project", be adopted and Clerk/Auditor instructed
to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-96.
ORDINANCES TO BE ADOPTED
97046 - The Mayor announced that the time had arrived for discussion on Chapter 33,
Streets and Sidewalks. The proposed amendment would combine the street and
sidewalk bonds into one bond known as a right-of-way construction bond.
Councilperson Angel questioned whether or not these bonding requirements
applied to homeowners who do their own sidewalk repair. Eric Thorson, City
Engineer, stated that this bond would be required for anyone performing work
within public right-of-way. He also stated that the bonding limits would be
increased from $1,000 to $5,000 for the combined bond. This would require
contractors to be bonded one time for work within public right-of-way instead
of the double bond that is now required.
Bill Lemke, 149 Madison, Al Manning, 919 Fairview, and Forest Dillavou, 1725
Huntington Road, all spoke against the proposed ordinance change and bonding
requirements.
Discussion was heard by the Council on delaying action on this item, but after
discussion it was determined that questions to the ordinance could be answered
prior to the second reading.
Moved by Fox, seconded by Brown
that "an Ordinance amending the 1988 Code of Ordinances by: Adding Subsection
(h) to Section 33-10, Curb Cuts: Permit from the City Engineer required;
Application; Approval of Plans by the City Engineer; Criteria; Construction
Standards; Violation to Constitute a Nuisance and an Offense; Fees; Appeal;
Contractor's Bond Required, of Article I, in General, of Chapter 33, Streets
and Sidewalks; and by repealing Subsection 33-69, Contractor's Bond: Required;
Amount; Terms and Conditions, of Division 2, Construction, of Article IV,
Sidewalks, of Chapter 33, Streets and Sidewalks; and by enacting in lieu
thereof a New Subsection 33-69, Contractor's Bond: Required; Amount; Terms and
Conditions, of Division 2, Construction, of Article IV, Sidewalks, of Chapter
33, Streets and Sidewalks (combining sidewalk and street bonds to a
right-of-way construction bond)", be received, placed on file, considered and
passed for the first time. Ayes: Six. Nays: Dell. Motion carried.
March 4, 1991
BILLS PAYMENT
97047 - Moved by Angel, seconded by Buck
Page 5
that "Resolution approving Schedule A918, pp. 1-48, in the amount of
$672,156.03, dated March 4, 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. 1991-97.
NEW BUSINESS
97048 - Moved by Angel, seconded by Buck
that communication from Mayor Bernie McKinley transmitting recommendation to
appoint Randy Stultz to the Black Hawk County Solid Waste Management
Commission, be received, placed on file and approved. Motion carried.
97049 - Moved by Angel, seconded by Buck
that communication from Mayor Bernie McKinley transmitting recommendation of
reappointment of Cecil Wayne Crow and DeWayne R. Mingus to the Plumbing Code
Committee and Examining Board for another two year term, with term expiration
date of March 1, 1993, be received, placed on file and approved. Motion
carried.
97050 - Moved by Angel, seconded by Buck
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, be
received, placed on file and approved. Motion carried.
97051 - Moved by Angel, seconded by Buck
that plans, specifications, form of contract, etc., for the F.Y. 1990
Rehabilitation Paving Program, Contract No. 353, be received, placed on file
and "Resolution preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-98.
97052 - Moved by Angel, seconded by Buck
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as March 25, 1991, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-99.
97053 - Moved by Angel, seconded by Buck
that communication from City Engineer transmitting request for authorization to
approve certain change orders on City construction projects, be received,
placed on file and "Resolution authorizing said request", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-100.
Travel Requests
97054 - Moved by Angel, seconded by Buck
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Kathi Henely, Associate Sports Superintendent, to attend Aquatic
Management in the 1990's conference in Ames, Iowa, on March 4-5, 1991,
with costs not to exceed $112.50.
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