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HomeMy WebLinkAbout11/16/92November 16, 1992 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 Monday, November 16, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation by: Councilperson Sammie Dell Pledge of Allegiance: Deputy Clerk/Auditor Michelle Temeyer 100235 - Moved by Angel, seconded by Dell that the Agenda, as amended, for the Regular Session on Monday, November 16, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, November 9, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 100236 - Moved by Budak, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids for the F.Y. 1993 City Fueling Facility, Contract No. 451 and refer to City Engineer for review and recommendation (hearing held and bids delayed on November 9, 1992) (award of contract delayed): Bidder Bid Bond Bid Amount Dick's Petroleum Company, Tripoli, IA $8,306.36 $166,127.14 Petroleum Equipment and Service, Inc., Marion, IA 5% $189,534.00 Seneca Corporation, Des Moines, IA 5% $177,641.00 Motion carried. 100237 - 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 Asbestos Removal at the Hazardous Material Regional Training Center, as published in the Waterloo Courier on November 6, 1992, be received and placed on file. Motion carried. 100238 - 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 Lemke 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. 1992-641. 100239 - Moved by Budak, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-642. 100240 - Moved by Fox, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to Fire Chief for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Advanced Technologies, Cedar Falls, IA 5% $29,465.00 HAASCO, Dyersville, IA St $32,345.00 HEW, Livermore, IA 5% $38,975.00 Motion carried. November 16, 1992 Hearings and Bids - continued 100241 - Moved by Budak, seconded by Dell Page 2 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for Grading at the Hazardous Material Regional Training Center, as published in the Waterloo Courier on November 6, 1992, be received and placed on file. motion carried. 100242 - 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 Dell 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. 1992-643. 100243 - 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. 1992-644. 100244 - Moved by Dell, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to Fire Chief for review and recommendation (see CR 100285 for award of contract): Bidder Peterson Contractors, Inc., Reinbeck, IA Rampart Corporation, Waterloo, IA Motion carried. HEARINGS 100245 - Moved by Angel, seconded by Budak Bid Bond Bid Amount 5% $27,100.00 5% $61,460.00 that proof of publication of notice of public hearing on budget estimate for the Waterloo Water Works Calendar Year 1993 Budget, as published in the Waterloo Courier on November 6, 1992, be received and placed on file. Motion carried. 100246 - 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 Fox, seconded by Budak that the hearing be closed. Motion carried. 100247 - Moved by Budak, seconded by Angel that "Resolution approving the Calendar Year 1993 Budget for the Waterloo Water Works", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-645. .•••••••••\ November 16, 1992 PETITIONS FROM PUBLIC 100248 - Moved by Angel, seconded by Lemke Page 3 that communication from City Planner transmitting request of Grady Instrument Service, Inc. to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located at 5605 Ansborough Avenue to operate a band instrument repair business in a new building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 7, 1992 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-646. 100249 - Moved by Angel, seconded by Lemke that communication from City Planner transmitting request of Chicago & North Western Transportation Company to vacate, sell and convey portions of Glenwood, South Barclay and Irving Streets right of way for $405 and to sell and convey Disposal Parcel No. 11 for $419, Parcel No. 12 for $125 and Parcel No. 13 for $100 in conjunction with Sixth Street Extension Project, IX -6604(2)--79-07, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 7, 1992 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-647. REPORTS 100250 - Moved by Angel, seconded by Lemke that the Abstract of Election held in the City of Waterloo on November 3, 1992 for the Hotel/Motel Tax be received and placed on file. Motion carried. DOCUMENTS 100251 - Moved by Angel, seconded by Lemke that communication from Transportation Program Manager transmitting the Contracts, Bonds and Certificates of Insurance from Lehman Trucking and Excavating of Waterloo, Iowa in the amount of $13,770.00 for Demolition Contract F -92(D) in conjunction with the Powers Manufacturing Expansion, be received, placed on file and "Resolution approving said documents" be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-648. 100252 - Moved by Angel, seconded by Lemke that communication from Transportation Program Manager transmitting Contracts, Bonds and Certificates of Insurance from Christy Corporation of Waterloo, Iowa in the amount of $15,950.00 for Demolition Contract G -92(D) in conjunction with the Powers Manufacturing Expansion, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-649. RESOLUTIONS TO BE ADOPTED 100253 - Bob Stevenson, City Planner, stated that this will allow the purchase of Abandoned C.P.R.I.& P. railroad trackage behind Roadway Inn. The property has previously been on the tax rolls. November 16, 1992 Resolutions to be Adopted - continued Moved by Fox, seconded by Angel Page 4 that "Resolution authorizing partial acquisition contract payment and acceptance of deed and temporary easement for Parcel No. 9 (New West Federal Savings & Loan Association) in conjunction with F.Y. 1992 Relocated Westfield Avenue, Contract No. 419", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-650. 100254 - Moved by Fox, seconded by Angel that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, adopting Declaration of Trust for Public Housing Modernization Grant Project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-651. 100255 - Moved by Fox, seconded by Angel that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving proposed site for 10 Family Public Housing Development homes and appointment of Waterloo Housing Authority Director as contract officer", be.adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-652. 100256 - Moved by Fox, seconded by Angel that "Resolution approving and accepting Quit Claim Deed from Black Hawk County for property generally located near Mobile and Glenwood Streets, and adjacent to the Chicago North Western Railroad in conjunction with Sixth Street Extension, IX - 6604(2) --79-07", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-653. ORDINANCES TO BE ADOPTED 100257 - Moved by Fox, seconded by Wright that "an Ordinance vacating the remaining portion of Alexandra Circle, south of Southtown Drive", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 100258 - Moved by Budak, seconded by Fax that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 100259 - Moved by Angel, seconded by Dell 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. 100260 - Moved by Dell, seconded by Fox that "an Ordinance vacating the remaining portion of Alexandra Circle, south of Southtown Drive", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3898. 100261 - Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of the remaining. portion of Alexandra Circle, south of Southtown Drive to Max Guernsey for V3,353.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-654. November 16, 1992 Ordinances to be Adopted - continued 100262 - Moved by Fox, seconded by Angel Page 5 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 40 to Section 2A -7N Conditional Rezoning Certain Property (request of William and Elizabeth Collins to rezone from "U-1" Unclassified District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located at 5050 Foulk Road to expand current taxidermy business and allow a 24' x 30' addition to single family residence for a display room and additional storage area)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 100263 - Moved by Angel, 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. 100264 - Moved by Fox, seconded by Angel 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. 100265 - Moved by Angel, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 40 to Section 2A -7N Conditional Rezoning Certain Property (request of William and Elizabeth Collins to rezone from "U-1" Unclassified District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located at 5050 Foulk Road to expand current taxidermy business and allow a 24' x 30' addition to single family residence for a display room and additional storage area)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3899. 100266 - Moved by Budak, seconded by Dell that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the "H -C" Highway Corridor Ordinance prohibiting additional off -premise signs in the Highway Corridor District", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 100267 - Moved by Dell, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection (adoption of the 1988 Edition of the Life Safety Code)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 100268 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six- Absent: Buck. Motion carried. 100269 - Moved by Wright, seconded by Dell 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. November 16, 1992 Ordinances to be Adopted - continued 100270 - Moved by Angel, seconded by Fox Page 6 that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-3, Life Safety Code Adopted, of Chapter 14, Fire Prevention and Protection (adoption of the 1988 Edition of the Life Safety Code)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3900. 100271 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets and by enacting in lieu thereof a new Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets (prohibiting parking on the east side of Midway Drive from 100 feet south of Richland Drive to Cadillac Drive)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 100272 - Moved by Budak, 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. 100273 - Moved by Fox, seconded by Dell 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. 100274 - Moved by Wright, seconded by Angel that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets and by enacting in lieu thereof a new Subsection (251) Midway Drive of Section 551, Parking Prohibited at All Times on Certain Streets (prohibiting parking on the east side of Midway Drive from 100 feet south of Richland Drive to Cadillac Drive)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3901. 100275 - Moved by Budak, seconded by Dell that "an Ordinance amending the 1991 Traffic Code by repealing SUbsection (73) Washington Street/Highway 21a of Section 541, Increasing Speed Limits in Certain Areas; and enacting. in lieu thereof a new Subsection (73) Washington Street/Highway 218 of Section 541, Increasing Speed Limits in Certain Areas (setting speed limits on the elevated portion on U.S. Highway 218 from West 8th Street to the west City limits at 55 mph and access roads from Fletcher to Ansborough Avenues at 45 mph)", be reeived, placed on file, considered and passed for the first time Ayes: Six. Absent: Buck. Motion carried. 100276 - Moved by Wright, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 100277 - Moved by Dell, seconded by Budak 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. November 16, 1992 Ordinances to be Adopted - continued 100278 - Moved by Fox, seconded by Angel Page 7 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (73) Washington Street/Highway 218 of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (73) Washington Street/Highway 218 of Section 541, Increasing Speed Limits in Certain Areas (setting speed limits on the elevated portion on U.S. Highway 218 from West 8th Street to the west City limits at 55 mph and access roads from Fletcher to Ansborough Avenues at 45 mph)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3902. BILLS PAYMENT 100279 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-53, in the amount of $2,173,108.04, dated November 16, 1992, 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. 1992-655. NEW BUSINESS 100280 - Moved by Budak, seconded by Lemke that communication from Mayor Al Manning transmitting recommendation of reappointment of Renata Sack and appointment of James R. Volgarino and Joseph Collier to the Design Review Board, with term expiration date of May 7, 1994, be received, placed on file and approved- Motion carried. 100281 - Moved by Budak, seconded by Lemke that communication from City Planner transmitting amendments to Zoning Ordinance No. 2479, as amended, as it pertains to side yard setbacks in all "R-3" and less restrictive zones except the CBD, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 7, 1992 at 7:00 p.m_ in the City Hall Council Chambers on the above amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-656. 100282 - Moved by Budak, seconded by Lemke that communication from City Planner transmitting amendments to Zoning Ordinance No. 2479, as amended, as it pertains to landscaping for all "R-3" and less restrictive zones except the CBD, together with recommendation of approval of the Planning, Programming. and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 7, 1992 at 7:00 p.m. in the City Hall Council Chambers on the Above amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-657. 100283 - Moved by Budak, seconded by Lemke that communication from Mayor Al Manning transmitting recommendation of appointment to the Waterloo Redevelopment Authority of Earl J. Baugh, with term expiration date of October 13, 1995 and Rene J. Dupont, with term expiration date of October 13, 1996 and reappointment of Rick Morris, with term expiration date of October 13, 1996, be received, placed on file and approved. Motion carried. November 16, 1992 MISCELLANEOUS 100284 - Moved by Budak, seconded by Lemke Page 8 that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class C Wishbone, 201-205 West 18th Street (Renewal) (Expires 12/7/93) (Includes Sunday Sales) Motion carried. BONDS 100285 - Moved by Wright, seconded by Angel that the report of City Attorney and list of bonds filed with the Clerk/Auditor through November 16, 1992, be received, placed on file and report and bonds approved. Motion carried. 100286 - Moved by Angel, seconded by Budak that "Resolution authorizing award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $27,100.00 for Grading at the Hazardous Material Regional Training Center", be adopted (see CR 100244 for bid opening). Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-658. ORAL PRESENTATIONS 100287 - Faye Tschida, 317 Randall Street, stated that in obtaining property insurance for her property at 317 Randall Street, Allstate Insurance Company was hesitant to provide a quote due to the condition of the adjacent properties at 315 Randall and 319-21 Randall Street. The agent, Jim Jacobs, suggested that the Tschidaes retain their current homeowners policy and avoid switching at the current time. Ms. Tschida questioned the Council as to what can be done about this situation. Mark Boesen, Assistant Community Development Director, stated that the property at 315 Randall Street is city -owned and is slated for demolition. Mr. Boesen will provide an update on the status of he property at 319-21 Randall Street. City Attorney Jim Walsh stated that he would suggest that the Tschidaes continue their current coverage with Allstate and avoid switching policies at this time. Sam Hopkins, 48 East Parker Street, advised the Council of the empty structure on John Street and also the continuing animal problem at 57 John Street. He reported that the occupant has 6 goats, 12 ducks, 4 geese, and 5 roosters, all which present a public health hazard. He also was concerned about four truckloads of leaves that were recently dumped along Virden Creek by the City. City Attorney Jim Walsh stated that the City animal ordinances will be reviewed for compliance. Public Works Director John Meyer stated that the leaves were requested by the property owner, but should have been disked in. Councilperson Budak reiterated the avents of the past weekend relating to the commemoration ceremonies held for the Five Sullivan Brothers killed during World War II on the Juneau. This family iamore than just five men, they were a neighborhood and part of a larger community and congregation. As a group, they pulled together when times were tough and created a sense of. "community." Don Miller, who initiated the deficit reduction fund_ drive for the City of Waterloo, is also trying to pull the community together for a common cause which is the City's financial problems- Councilperson Budak urged more citizens to give to the program and show their dedication to the community. November 16, 1992 Page 9 Oral Presentations - continued Councilperson Wright also expressed her appreciation for the fine ceremonies held in recognition of the Five Sullivan Brothers. She also spoke of the newly opened Relocated U.S. Highway 218 in the downtown area. She stated that a less publicized event that has been an asset to our community is the donation of labors of love by Friends of the Library. As a group, they have donated over $42,000 in labor and materials to our library. Mayor Manning joined with Councilperson Wright in thanking these volunteers for their dedication. Mayor Manning announced that following the Council meeting, citizens are urged to call in with questions to be answered by the Mayor and City staff. The telephone number is 291-4365. Following the call-in program, the video entitled "Nightmare on Main Street" will be shown, which depicts a typical budget scenario for Iowa cities. Councilperson Dell expressed his congratulations to the Iowa State University staff on their recent victory over the Nebraska Cornhuskers. Moved by Dell, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 7:53 p.m. Motion carried. Larry P. Burger City Clerk/Auditor