HomeMy WebLinkAbout03/23/92March 23, 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 March 23, 1992. Mayor Pro Tem Rose Angel in the
Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Trrop 17 --Tim Massina, Sonyl Nagale, Gary Wendell, Dave Kline, Kilay
Ferguson, Nick Rohle and Pack 7 --Cory Bogardous, Christopher Lavenz, Joey McCraney, Charles
Means, Nathan Mielke, Michael Wyant, Brad Johnson and Travis Rundel.
99039 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on Monday, March 23, 1992, at
7:00 p.m., and the Minutes of the Regular Session on Monday, March 16, 1992, at
7:00 p.m., be accepted and approved. Motion carried.
HEARINGS AND BIDS
99040 - Moved by Dell, seconded by Fox
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 Street Reconstruction
Program - No. 3, Contract No. 431, as published in the Waterloo Courier on March
11, 1992, be received and placed on file. Motion carried.
99041 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem
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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-122.
99042 - Moved by Budak, seconded by Brown
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-123.
99043 - Moved by Wright, seconded by Budak
to receive, file and instruct Clerk/Auditor to open and read bids and refer to City
Engineer for review and recommendation (see CR 99077 for award of contract):
Base Bid Base Bid
Bidder Bid Bond + Alternate A +Alternate B
Allied Construction Co. Inc. 5% No Bid $2,384,218.76
Charles City, IA
Aspro, Inc. & Subsidiaries 5% $2,256,927.19 No Bid
Waterloo, IA
Cedar Valley Corporation 5% No Bid $2,320,791.97
Waterloo, IA
Youngblut Contracting, Inc. 5% No Bid $2,306,979.58
Washburn, IA
Motion carried.
HEARINGS
99044 - Moved by Buck, seconded by Fox
that proof of publication of notice of public hearing on the proposed issuance of
not to exceed $6,000,000 General Obligation Bonds for an Essential Corporate
Purpose for construction, reconstruction and repairing of street improvements and
sidewalks; the rehabilitation and improvement of existing City parks; the
acquisition, installation and repair of traffic control devices and signals;
equipping the Fire Department; the extension and improvement of Waterloo Municipal
Airport; the opening, widening, extending, grading and draining right-of-way of
streets, highways, avenues, alleys, public grounds and market places and removal
and replacement of dead or diseased trees, etc., as published in the Waterloo
Courier on March 18, 1992, be received and placed on file. Motion carried.
March 23, 1992 Page 2
Hearings- continued
99045 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem
called for written and oral objections.
Jo Haverkamp, a resident of Gresham, Oregon and a former resident of Waterloo,
asked that more detailed information concerning City Council agenda items be
provided for public use. Several Council Members stated that copies of the agenda
and accompanying information is available in the City Clerk's office.
Kathy Oberle, 710 Forest Avenue, stated that the issuance is much too large and
that the money has already been spent on several of the projects.
Jim Walsh, City Attorney, stated that all projects are reviewed by bond counsel.
Bond counsel must give an opinion on the salability of the bonds, as is required
by bond covenant.
Larry P. Burger, City Clerk/Auditor, stated that bond counsel has reviewed the
projects and determined whether they are for an essential or general corporate
purpose. With the decline in the population per the 1990 Census, the ceiling on
items that require a public referendum has been reduced from $150,000 to $75,000
for an individual project.
Ms. Oberle stated that the City cannot afford all projects being proposed.
Councilperson Dell stated that at the work session the Council held this evening,
and at which Ms. Oberle was present, the City is looking at all alternatives to its
current and future debt service levy.
Don Temeyer, Planning and Development Director, stated that a 5 Year Capital
Improvement Program is developed annually and contains the current year's General
Obligation Bond list. He reviewed various proposed expenditures, including the
$1.5 million for street reconstruction which is part of the City's ongoing efforts
to supplement the local option sales tax revenues. The Sixth Street Extension
project will be used to match demonstration funds received from the federal
government. The Shaulis Road project is a multi-year construction project. The
North Elk Run Road project will soon be finished. Money for the fire pumper is
being requested at this time to coincide with the delivery of the pumper which was
ordered and approved by the City Council approximately 18 months ago.
Ms. Haverkamp asked what the City's bond rating was. Mr. Burger reported that the
bond rating is Baa with an approximate cash carryover of $800,000 and a $75,000
contingency fund for a $64 million budget.
John Woods, 126 Leland Avenue, questioned whether the proposed FY 1993 Budget
contained the debt service levy required to retire this issuance.
It was reported that this issuance is included in the debt service levy proposed
as a part of the FY 93 Budget. Various debt service payback schedules are being
reviewed and analyzed by staff.
Doug Ward, 632 West Mullan Avenue, stated that the City has not reduced its debt
service levy since 1980 and must stop spending. He stated that the tax levy rate
is much too high. He also questioned what the City's usage was of its road use tax
receipts from the State of Iowa, which is approximately $3.6 million per year. He
also questioned the expenditure of funds for the West Fourth Street Lighting
project when the rest of the City remains in darkness.
It was reported that road use tax money is used for the operation of the Street
Department, street lighting, and Sign and Traffic Department, among other uses.
Councilperson Brown stated that it was an encumbrance upon the Council to complete
the road construction projects that have been started to finish the highway system.
Moved by Brown, seconded by Buck
that the hearing be closed and oral comments be received and placed on file.
Motion carried.
March 23, 1992 Page 3
Hearings - continued
99046 - Moved by Fox, seconded by Dell
that "Resolution instituting proceedings to take additional action for the issuance
of not to exceed $6,000,000 General Obligation Bonds for an Essential Corporate
Purpose", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-124.
99047 - Moved by Buck, seconded by Budak
that "Resolution authorizing and providing for the issuance of $5,950,000 General
Obligation Bonds for an Essential Corporate Purpose and levying a tax to pay said
bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-125.
PETITIONS FROM PUBLIC
99048 - Moved by Budak, seconded by Wright
that communication from City Planner transmitting proposed site plan for the new
Crossroads Hy -Vee Store to be generally located opposite County Market on Flammang
Drive, together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as April 6, 1992 at 7:00 p.m. in the City Hall Council Chambers on the
above described site plan", be adopted and Clerk/Auditor instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-126.
99049 - Kathy Oberle, 710 Forest Avenue, asked that the City consider lifting the burning
ban for the month of April 1992. This will be an item for discussion at a future
Public Works Committee meeting.
Moved by Budak, seconded by Wright
that the request of John Miller, 145 Blaine Road, for an exemption to the burning
of yard waste to burn prairie grass, be received, placed on file and approved.
Motion carried.
99050 - Moved by Budak, seconded by Wright
that the request of Melvina Scott, 413 Oneida Street, to approve repayment plan for
delinquent certified garbage and sewer fees in the amount of $360.05 be received,
placed on file and "Resolution approving said request", be adopted and
Clerk/Auditor authorized to notify the Black Hawk County Treasurer of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-127.
99051 - Moved by Budak, seconded by Wright
that communication from Transportation Program Manager transmitting signage request
of Johnson's Bakery to temporarily place sign on City right-of-way located at the
intersection of Wellington Court and West 4th Street in conjunction with Sixth
Street Extension (West), IX -6604(3)--79-07, Contract No. 413, 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 Pro Tem assigned No. 1992-128.
March 23, 1992
Petitions from Public - continued
99052 Moved by Budak, seconded by Wright
that communication from City Engineer transmitting request for variance to Noise
Ordinance No. 3842, Section 574, to allow truck traffic on Rainbow Drive from
Greenhill Road to Ansborough Avenue from March 24, 1992 to May 29, 1992, or until
relocated Rainbow Drive from near Annis Petroleum to Ida Street is open to traffic,
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 Pro Tem assigned No. 1992-129.
REPORTS
99053 - Moved by Brown, seconded by Buck
that the report from Waterloo Housing Authority Ridgeway Towers and Section 8
Waterloo Housing Authority Certificate Program --February 1992 be received and
placed on file. Motion carried.
Page 4
RESOLUTIONS TO BE ADOPTED
99054 - Moved by Brown, seconded by Buck
that "Resolution authorizing commencement of condemnation proceedings for Parcel
No. 1-A and 1-B (516 E. 5th Street), Parcel No. 6 (246 Maple Street), Parcel No.
7 (250 Maple Street) and Parcel No. 13 (unplatted Parcel No. 13 in Williams Watkins
Subdivision) in conjunction with Sixth Street Extension", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-130.
99055 - Moved by Brown, seconded by Buck
that "Resolution setting date of hearing as April 6, 1992, at 7:00 p.m. in the City
Hall Council Chambers on the sale and conveyance of property located at 121 - 121Z
Quincy Street to Wallace Stokes for $11,500", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-131.
ORDINANCES TO BE ADOPTED
99056 - Moved by Dell, seconded by Budak
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (15)
Westfield Avenue of Section 542, One -Way Streets and Alleys (converting one-way
section of Westfield Avenue to a two-way street)", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
99057 - Moved by Wright, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99058 - Moved by Budak, seconded by Brown
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.
99059 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (15)
Westfield Avenue of Section 542, One -Way Streets and Alleys (converting one-way
section of Westfield Avenue to a two-way street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3852.
March 23, 1992
BILLS PAYMENT
99060 - Moved by Wright, seconded by Brown
Page 5
that "Resolution approving Schedule A918, pp. 1-62, dated March 23, 1992, in the
amount of $1,451,157.41, copies of which are on file in the Clerk/Auditor's
Office", be adopted. Ayes: Five. Abstain: Fox, Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-132.
NEW BUSINESS
99061 - Moved by Buck, seconded by Wright
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1992 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on
file and approved. Motion carried.
99062 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the F.Y. 1992 Gram Court
Sanitary Sewer, Contract No. 405, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-133.
99063 - Moved by Buck, seconded by Wright
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 13, 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 Pro Tem assigned No. 1992-134.
99064 - Moved by Buck, seconded by Wright
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1992 Sidewalk Repair Program - Zone 4, Contract No. 434, be received,
placed on file and approved. Motion carried.
99065 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the F.Y. 1992 Sidewalk
Repair Program - Zone 4, Contract No. 434, be received, placed on file and
"Resolution preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-135.
99066 - Moved by Buck, seconded by Wright
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 13, 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 Pro Tem assigned No. 1992-136.
99067 - Moved by Buck, seconded by Wright
to instruct Architect to prepare plans, specifications, form of contract, etc. for
Renovation of Five Sullivan Brothers Convention Center, Phase 2, be received,
placed on file and approved. Motion carried.
99068 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the Renovation of Five
Sullivan Brothers Convention Center, Phase 2, be received, placed on file and
"Resolution preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-137.
March 23, 1992
New Business - continued
88069 - Moved by Buck, seconded by Wright
Page 6
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 13, 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 Pro Tem assigned No. 1992-138.
99070 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting a Revised Final Breakdown of
Project Costs for F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract
No. 399, due to a cancellation of an assessment on March 16, 1992 in the amount of
$207.04 for City -owned property located at 726 Randolph Street be received, placed
on file and "Resolution approving said revision", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-139.
99071 - Moved by Buck, seconded by Wright
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1992 Asphalt Overlay Program, Contract No. 433, be received, placed on
file and approved. Motion carried.
99072 - Moved by Buck, seconded by Wright
that plans, specifications, form of contract, etc., for the F.Y. 1992 Asphalt
Overlay Program, Contract No. 433, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-140.
99073 - Moved by Buck, seconded by Wright
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 20, 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 Pro Tem assigned No. 1992-141.
Travel Requests
99074 - Moved by Wright, seconded by Brown
that the following travel request,, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. James Walsh, Jr., City Attorney, to attend the National Institute of Municipal
Law Officers Semi -Annual meeting in Washington, D.C., on March 29-31, 1992,
with costs not to exceed $896.84.
Motion carried.
MISCELLANEOUS
99075 - Moved by Wright, seconded by Brown
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 cigarette license permit application be received,
placed on file and approved:
1. Beer License Permit Application
Class B
South Hills Golf Course, 1830 E. Shaulis Road (Seasonal 4/1/92 - 10/1/92)
(Includes Sunday Sales)
Waterloo Women's Softball Association, Exchange Park (Seasonal 4/25/92
10/25/92) (Inc),'',les Sunday Sales) '�
March 23, 1992
Page 7
Miscellaneous - continued
Waterloo Professional Baseball, 850 Park Road (Seasonal 4/1/92 - 10/1/92)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Petro N Provisions, 1807 LaPorte Road (Renewal) (Expires 4/10/93) (Includes
Sunday Sales)
The New Waterloo Club, 10 W. 4th Street (Renewal) (Expires 4/4/93)
3. Beer/Wine License Permit Application
Class E
Clute's Highland, 909 Independence Avenue (Renewal) (Expires 4/4/93) (Includes
Sunday Sales)
4. Beer/Liquor License Permit Application
Class C
Porky's Red Carpet Club, 1409 Newell (Renewal) (Expires 4/5/93) (Includes
Sunday Sales)
West Coast Connection, 735 Logan Avenue (Renewal) (Expires 3/28/93) (Includes
Sunday Sales)
Cigarette Permit Application
One (1)
Motion carried.
BONDS
99076 - Moved by Budak, seconded by Wright
that the report of the City Attorney and list of bonds filed with the Clerk/Auditor
through March 23, 1992, be received, placed on file and report and bonds approved.
Motion carried.
99077 - Eric Thorson, City Engineer, reported that Aspro, Inc. & Subsidiaries has
satisfactorily met minority participation goals at 4 percent minority (goal of 5
percent) and 1/2 percent female (1 percent).
Moved by Wright, seconded by Brown
that "Resolution authorizing award of contract to Aspro, Inc. & Subsidiaries of
Waterloo, Iowa, in the amount of $2,256,927.19 for F.Y. 1992 Street Reconstruction
Program - No. 3, Contract No. 431", be adopted (see CR 99043 for bid opening).
Ayes: Seven
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-142.
ORAL PRESENTATIONS
99078 - John Woods, 126 Leland Avenue, questioned the award of contract in conjunction with
the F.Y. 1992 Street Reconstruction Program - No. 3, Contract No. 431, and asked
whether longevity and maintenance were similar for a asphalt or cement surface.
He did not agree that the asphalt surface was equivalent to cement.
Eric Thorson, City Engineer, stated that the asphalt quantities are adjusted to
allow for similar longevity. He also stated that bids are requested for either
both asphalt and cement to increase the competitive nature of the bid process.
Joy Lowe, representing the National Association for the Advancement of Colored
People (NAACP), spoke on behalf of individuals currently employed at Iowa Beef
Processors (IBP) and the numerous complaints concerning the hazardous work
conditions and the ill treatment of its workers in terms of human respect and
dignity. She stated that the City brought IBP to the community so therefore this
problem is being brought to the source. She asked that the City look into the
situation as well as rethink the award of contract (F.Y. 1992 Industrial Wastewater
Treatment Facilities, Contract No. 435) for the construction of a lagoon at IBP.
Mike LaCoste, 236 Lichty Boulevard, asked that the Council not consider raising
taxes for FY 1993. In a prepared statement, he stated that the debt service was
too high and that the previous administration had taxed us to death. He also
stated that he was fed up with the mismanagement and uncontrollable spending of the
March 23, 1992 Page 8
Oral Presentations - continued
City and suggested that the City consolidate, reduce upper management and rollback
salaries. He urged the public to attend the budget hearing scheduled for Monday,
March 30, 1992 at 5:00 p.m.
Ruth Anderson, 1503 Newell Street, reminded City Council Members of previous
meetings held with IBP company officials and City representatives concerning work
conditions at the plant. She suggested that these meetings be re -instituted before
workers get to the "breaking stage."
It was suggested that a meeting be set with the head union steward, IBP officials
and the City. This will be investigated.
A resident of 328 Main Street, Hudson, Iowa and a worker at IBP, alluded to hand
problems he has had since working at the facility.
Kim Henny, Dike, complained about financial assistance to IBP (sewer rental funds
and property taxes). She reported that she owns various rental properties in
Waterloo and that it would be detrimental to her tenants to layoff police officers.
She stated that property owners cannot afford higher taxes or the layoff of police
personnel. She questioned the payment of meal expenses for City officials on out-
of-town travel.
Mayor Pro Tem Angel stated that all departments have been equally cut in the
proposed FY 1993 Budget, not just the Police and Fire Departments.
Councilperson Dell stated that each item in the budget will be scrutinized at the
public hearing on March 30, 1992, and that no final decisions have been made either
in terms of budget cuts or tax increases.
Kathy Oberle, 710 Forest Avenue, stated that at the original public hearing
conducted by the City Council for the site plan for IBP, she had stated that if the
treatment of workers was bad, she would violently object. She supported an open
meeting to discuss workers' issues at the plant.
A resident residing at 4052 Niles Street questioned the use of public funds at
Powers Engineering.
Don Temeyer, Planning and Development Director, stated that in an effort to
accommodate expansion of the plant, a RISE grant had been approved which required
a local match of $62,000. These funds were used for access into the facility.
James Robison, 1552 Newell Street, addressed his previous concerns regarding law
enforcement and the litter problem in the Sumner Street area.
Chief Koehrsen stated that his department can address the law enforcement issue
only. The department has been working with the owners of Goodies II Lounge, but
specific recommendations from the Mayor would be necessary to go beyond this
action.
Mr. Robison stated that the cities of Orlando, Florida and Atlanta, Georgia have
model loitering and littering ordinances. City staff will obtain copies of the
ordinances. He also stated that the property tax rate is much too high compared
to cities in the Southern part of the United States.
Jo Haverkamp compared the City of Waterloo with Gresham, Oregon, where she is a
Council Member. Although she could not cite specifics, their budget is
approximately $20 million with the county's portion of the tax rate at $10 per
thousand dollars of valuation. She stated that she had been raised in Waterloo and
many of her family members have jobs at Deere & Company, and that her family is not
in favor of an increase in taxes. Ms. Haverkamp also stated that it was the
Council's responsibility to let the citizens know what is going on and that the
agenda did not adequately present information to residents.
Mel Smelser, 2235 Temple Avenue, stated that the public needs more explanation on
Council agenda items.
Mildred Boyenga, 1427 Patton Street, stated that she thought it was ludicrous for
a non-resident of the community to criticize the way Waterloo city government is
run. She congratulated the Council for doing a good job during tough times.
March 23, 1992
Page 9
Oral Presentations - continued
Kim Henny, Dike, clarified that she was not critical of the City of Waterloo, but
critical of how it was being managed.
James Robison stated that the City has on occasion been unresponsive to his
requests.
Moved by Buck, seconded by Fox
that the above oral comments be received, placed on file and the City Council
adjourn at 8:50 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor