Loading...
HomeMy WebLinkAbout04/13/92April 13, 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 April 13, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Rose Angel Pledge of Allegiance: City Attorney James Walsh 99133 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, April 13, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, April 6, 1992, at 7:00 p.m. and the Minutes of the Special Session on Thursday, March 12, 1992, at 5:00 p.m., be accepted and approved. Motion carried. Presentation by the John Deere Foundry Waterloo Fire Brigade to the Waterloo Fire Department in recognition of their excellence in services performed when training Brigade Members in proper procedures. HEARINGS AND BIDS 99134 - Moved by Fox, seconded by Angel that the "Resolution of Necessity, as proposed, for the F.Y. 1991 Gram Court Sanitary Sewer Assessment, Contract No. 405", be adopted (see CR 99104 for assessment hearing). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-166. 99135 - Moved by Dell, 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 F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, as published in the Waterloo Courier on April 1, 1992, be received and placed on file. Motion carried. 99136 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Eric Thorson, City Engineer, stated that this project was to provide sanitary sewer to Gram Court, a private street generally located north of Ridgeway Avenue and east of Deere Road. This is a voluntary assessment program requested by property owners. Moved by Angel, 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 and upon approval by Mayor assigned No. 1992-167. 99137 - Moved by Brown, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-168. 99138 - Moved by Brown, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed): Bidder Happel Excavating, Inc., Waterloo, IA Rampart Corporation, Waterloo, IA Motion carried. Bid Bond Bid Amount 5% $36,265.00 5% $23,680.00 April 13, 1992 Hearings and Bids - continued 99139 - Moved by Buck, seconded by Wright Page 2 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 Sidewalk Repair Program - Zone 4, Contract No. 434, as published in the Waterloo Courier on April 3, 1992, be received and placed on file. Motion carried. 99140 - 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 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. 1992-169. 99141 - Moved by Angel, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-170. 99142 - Moved by Angel, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed): Bidder Cedar Valley Corporation, Waterloo, IA Dolan Concrete & Masonry, Waterloo, IA Motion carried. 99143 - Moved by Wright, seconded by Brown Bid Bond Bid Amount 5% $187,722.86 5% $167,186.44 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Interior Renovation of 5 Sullivan Brothers Convention Center, Phase 2, as published in the Waterloo Courier on April 1, 1992, be received and placed on file. Motion carried. 99144 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Clerk Auditor Larry Burger reported that said improvements are estimated at $50,000 and include a curtain in Exhibition Hall, construction of items, reupholstering and ceiling and electrical work in the hallway. Moved by Brown, seconded by Dell 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. 1992-171. 99145 - Moved by Budak, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-172. April 13, 1992 Hearings and Bids - continued 99146 - Moved by Fox, seconded by Angel Page 3 to receive, file and instruct Clerk/Auditor to read bids (award delayed until April 27, 1992): Bidder Bid Bond Bid Amount Prairie Construction, Waterloo, IA 5% $58,829.00 Motion carried. PETITIONS FROM PUBLIC 99147 - Moved by Angel, seconded by Fox that the request of Harvie J. Fleming for a temporary concrete driveway to be located at 410 Christensen Road, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-173. 99148 - Randy Johnson, Chairperson of 1992 My Waterloo Days Steering Committee, stated that in an attempt to curb underage drinking at the event and to get out of the business of selling alcohol as a means of revenue enhancement, the festival is being promoted as a family event. Buttons, which can be purchased for $1 prior to the event and $2 at the event, are being promoted as a revenue alternative. Due to inclement weather conditions the past couple of years, this year the event must be self-supporting. When buttons are purchased, buyers will be eligible for a host of prizes at the end of the event. Moved by Angel, seconded by Fox that the request of My Waterloo Days (May 29 -June 7, 1992) to require admission fee for events held in city parks and public property, be received, placed on file and approved. Motion carried. REPORTS 99149 - Moved by Angel, seconded by Fox that the report from Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --March 1992, be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 99150 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing as April 27, 1992 at 7:00 p.m. in the City Hall Council Chambers on the Franklin/Gateway Neighborhood Urban Renewal Action Plan", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-174. 99151 - Moved by Buck, seconded by Wright that "Resolution setting a new date of hearing as April 20, 1992 at 7:00 p.m. in the City Hall Council Chambers due to an error in the legal description on sale and conveyance of excess right-of-way generally located off Ansborough Avenue and adjacent to Devonshire School to John D. Eveland in the amount of $67,500.00 in conjunction with Ansborough Avenue Reconstruction Project", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-175. April 13, 1992 Resolutions to be Adopted- continued 99152 - Moved by Buck, seconded by Wright Page 4 that "Resolution fixing date of hearing as April 27, 1992, at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $75,000 General Obligation Bonds for a General Corporate Purpose (City Hall Renovation)", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-176. ORDINANCES TO BE ADOPTED 99153 - Moved by Angel, seconded by Wright that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to auto salvage yards and junk yards", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 99154 - Pat Rooff, a member of the committee reviewing ordinances relating to auto salvage and junk yards, stated that he disagreed with the recommendation that off-street parking facilities be of concrete or asphalt. He reported several city parking lots that are not hard surface and questioned why the private sector should be required to expend additional funds for said hard surfacing. Don Temeyer, Planning and Development Director, stated that hard surfacing will not be required within the confines of the yards but only in those off-street parking areas outside the fenced -in area. Asphalt emulsion is an approved hard surfacing material. Mr. Temeyer also noted that any new development must meet the hard surfacing parking requirements. He suggested that even though the committee agreed with all the recommendations presented to the Council, the committee could be reconvened prior to final action on the ordinance to discuss the hard surfacing requirement. Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Prior to a vote on the above motion, the following discussion was heard. Moved by Brown, seconded by Buck that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to auto salvage yards and junk yards", be tabled. Ayes: Seven. Motion carried. 99155 - Moved by Fox, seconded by Dell that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (55) Rainbow Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (55) Rainbow Drive of Section 541, Increasing Speed Limits in Certain Areas (changing the speed limit on Rainbow Drive from Maynard Avenue to Forrester Avenue and from Forrester Avenue to westerly corporate limits)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99156 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99157 - 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. April 13, 1992 Ordinances to be Adopted - continued 99158 - Moved by Dell, seconded by Angel Page 5 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (55) Rainbow Drive of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (55) Rainbow Drive of Section 541, Increasing Speed Limits in Certain Areas (changing the speed limit on Rainbow Drive from Maynard Avenue to Forrester Avenue and from Forrester Avenue to westerly corporate limits)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3853. 99159 - Moved by Dell, seconded by Fox that "an Ordinance amending the 1991 Traffic Code by adding Subsections (3a) Alta Vista Avenue, (4a) Arizona Street, (19a) Glenwood Street, (21a) Highland Boulevard, (35a) Mohawk Street, (43a) Prospect Avenue, (49a) Steely Street, and (49b) Vine Street to Subsection 2 of Section 574, Truck Traffic Prohibited on Certain Streets (prohibiting truck traffic in the Highland area)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99160 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99161 - Moved by Brown, 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. 99162 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding Subsections (3a) Alta Vista Avenue, (4a) Arizona Street, (19a) Glenwood Street, (21a) Highland Boulevard, (35a) Mohawk Street, (43a) Prospect Avenue, (49a) Steely Street, and (49b) Vine Street to Subsection 2 of Section 574, Truck Traffic Prohibited on Certain Streets (prohibiting truck traffic in the Highland area)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3854. 99163 - John Meyer, Public Works Director, reported that this ordinance would allow a fine up to $1,000 for a violation of any pretreatment standard, random dumping, pollution of waterways, etc. Currently, the City fine is $100. Moved by Dell, seconded by Fox that "an Ordinance amending the Waterloo Code of Ordinances by repealing Article II, Municipal Infractions, of Chapter 1, General Provisions; and by enacting in lieu thereof a new Article II, Municipal Infractions, of Chapter 1, General Provisions; and by repealing Section 34-57, Criminal Penalties, and Section 34-58, Falsifying Information, of Article III, Sewers, of Chapter 34, Utilities; and by enacting in lieu thereof a new Section 34-57, Penalties and a new Section 34-58, Falsifying Information (regulating fees for violation of noncompliance with industrial wastewater pretreatment standards)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99164 - 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. 99165 - Moved by Buck, 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. April 13, 1992 Ordinances to be Adopted - continued 99166 - Moved by Budak, seconded by Buck Page 6 that "an Ordinance amending the Waterloo Code of Ordinances by repealing Article II, Municipal Infractions, of Chapter 1, General Provisions; and by enacting in lieu thereof a new Article II, Municipal Infractions, of Chapter 1, General Provisions; and by repealing Section 34-57, Criminal Penalties, and Section 34-58, Falsifying Information, of Article III, Sewers, of Chapter 34, Utilities; and by enacting in lieu thereof a new Section 34-57, Penalties and a new Section 34-58, Falsifying Information (regulating fees for violation of noncompliance with industrial wastewater pretreatment standards)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3855. 99167 - Moved by Buck, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (e) Number and Term of Council, of Section 2-1.1, Adoption of Charter Embodying Form of Government Existing on July 24, 1972; and by enacting in lieu thereof a new Subsection (e) Number and Term of Council of Section 2-1.1, Adoption of Charter Embodying Form of Government Existing on July 24, 1972 (enacting staggered terms for Council Members elected in 1993)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99168 - Moved by Brown, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99169 - Moved by Wright, 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: Seven. Motion carried. 99170 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (e) Number and Term of Council, of Section 2-1.1, Adoption of Charter Embodying Form of Government Existing on July 24, 1972; and by enacting in lieu thereof a new Subsection (e) Number and Term of Council of Section 2-1.1, Adoption of Charter Embodying Form of Government Existing on July 24, 1972 (enacting staggered terms for Council Members elected in 1993)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3856. BILLS PAYMENT 99171 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-55, dated April 13, 1992, in the amount of $274,902.74, 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. 1992-177. NEW BUSINESS 99172 - Moved by Buck, seconded by Wright to instruct Superintendent of Water Pollution/Flood Control to prepare plans, specifications, form of contract, etc. for F.Y. 1992-93 Water Pollution/Flood Control Sludge Disposal Contract, be received, placed on file and approved. Motion carried. April 13, 1992 New Business - continued 99173 - Moved by Buck, seconded by Wright Page 7 that plans, specifications, form of contract, etc., for the F.Y. 1992-93 Water Pollution/Flood Control Disposal Contract, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-178. 99174 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as May 4, 1992, 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. 1992-179. 99175 - Moved by Buck, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Jim Breckunitch to the Plumbing Code Committee & Examining Board, with term expiration date of March 1, 1993, be received, placed on file and approved. Motion carried. Travel Request 99176 - Moved by Buck, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jack Loynachan, Operations Coordinator, to attend .Iowa Water and Wastewater Short Course in Iowa City, Iowa on April 21-22, 1992, with costs not to exceed $276.52, including the use of city vehicle. Motion carried. MISCELLANEOUS 99177 - Moved by Buck, seconded by Wright 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 applications for pawnbroker's and secondhand goods dealer's license and going out of business sale, be received, placed on file and approved: 1. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 5/17/93) (Includes Sunday Sales) Waterloo Softball, Corner of Burton & Longfellow (Seasonal --April 24 -October 24, 1992) (Includes Sunday Sales) Miscellaneous - continued 2. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette (Renewal) (Expires 4/30/93) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C The Locker Room, 1918 Hawthorne (Renewal) (Expires 5/1/93) (Includes Sunday Sales) Application for Pawnbroker's and Secondhand Goods Dealer's License East 4th Street Pawnshop, 617 East 4th Street April 13, 1992 Page 8 - Miscellaneous - continued Application For Going Out of Business Sale DaVelli's Fine Jewelry, 3830 West 9th Street (60 days --June 20, 1992) Motion carried. BONDS 99178 - Moved by Budak, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 13, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 99179 - Police Chief Bernie Koehrsen announced that he would begin a new call-in show entitled "Call the Chief" on Cable Channel 2 following tonight's Council meeting. Members of the public are encouraged to call in questions at 291-4365. Wilma Harms, 430 South Hackett, presented a petition of 140 persons requesting that the City reinstate spring and fall burning. Councilperson Wright stated that she has received a number of citizen calls requesting that burning be re -instituted in the spring and fall. Mel Smelser, 2235 Temple Avenue, thanked Bob Brown for his years of service to the community as Councilperson. In response to a question posed by Mr. Smelser, Councilperson Buck stated that Ordinance No. 3856 states that Councilperson elected from Wards 1, 3 and 5 will serve a four-year term beginning with the November 1993 election, with Wards 2 and 4 serving a two-year term. The At -Large person receiving the most votes will serve a four-year term, the second At -Large will serve a two-year term. Thereafter, Councilpersons will serve a four year term. Councilperson Budak suggested that Molly Goodenbour, a member of the Stanford Women's Basketball Team and champion of the NCAA Tournament and a Waterloo resident, be honored at a future Council meeting. Councilperson Dell stated that the young people of our community had also presented themselves in good light at the recent State Basketball Tournament in Des Moines. Jim Lawrence, President of the Waterloo Chamber of Commerce, presented a prepared statement concerning the City's budgetary condition and suggested that action be taken to get a handle on spending. Budgetary matters are an on-going concern and planning must start now for next year's budget. He offered the assistance of the Chamber and encouraged open discussion and thanked the Council for the many hours involved during the public hearing process for the FY 1993 Budget. Vonnie Jackson, 1838 Howard Avenue, presented comparable real estate taxes for various cities and counties in and around St. Petersburg, Florida. L.C. Hennessey congratulated Chief Koehrsen on his recent proposal to combine the Police and Fire Departments. He also expressed his concern with Councilperson Brown's recent resignation. A citizen urged the Council to reconsider allowing leaf burning. He also noted that the IBP lagoon should not be the liability of the taxpayers of the community, and that the City should not commit anything beyond the original project that was constructed at the site. Councilperson Dell stated that a ban on burning could alleviate some of the random dumping problems in the City. Pat Rooff stated that citizens of our community should look for the positive and not always look to the City for curing all ills. People must be willing to take the initiative to make this a better community. Mayor Manning stated that based on Ms. Jackson's comments above, ideas on lowering the tax rate would be more helpful than statistics of other communities. He reminded the public that Clean Sweep will be held on Saturday, May 2, 1992. Volunteers are encouraged to clean public right-of-ways and parks. Please contact the Park Commission if interested. April 13, 1992 Page 9 Oral Presentations - continued Mayor Manning recognized Michelle Temeyer, Deputy Clerk/Auditor, as a recent recipient of the Governor's Volunteer Award for her work with the City's Partners in Education Program. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:24 p.m. Motion carried. Larry P. Burger City Clerk/Auditor