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HomeMy WebLinkAbout03/16/92March 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 March 16, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Dell Pledge of Allegiance: Troop 25 --Kyle Baethke, Kenneth Bronson, Brian McCormick, Joe Oppold. Mayor Manning read a proclamation declaring April 7, 1992 "Supermarket of Veterans Benefits Day." Mayor Manning recognized Delwyn Holms, a street employee, for his 30 years of service to the City of Waterloo. Mayor Manning introduced Rachel Fratzky who had spent the day shadowing the Mayor as part of the Leadership Investment For Tomorrow (LIFT) Program. 99009 - Moved by Angel, seconded by Fox that the Agenda, as proposed, for the Regular Session on Monday, March 16, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, March 9, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 99010 - Moved by Dell, 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. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435, as published in the Waterloo Courier on February 28, 1992, be received and placed on file. Motion carried. 99011 - 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. 1992-107. 99012 - Moved by Budak, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-108. 99013 - Moved by Wright, seconded by Fox to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation: Bidder Bid Total Bid June 30, 1992 Bond Completion Date E. B. Spencer Engineering, Waterloo, IA Fagen Inc., Granite Falls, MN Peterson Contractors, Inc., Reinbeck, IA Van Hauen-Keller Contractors, Inc., Des Moines, IA Motion carried. 5% $4,031,180.00 5% $4,030,300.00 5% $4,415,035.00 5% $4,803,600.00 Deduct For Alternate Completion Date Sept. 30, 1992 $ 24,500.00 $ 25,000.00 $ 20,000.00 $100,000.00 March 16, 1992 PETITIONS FROM PUBLIC 99014 - Moved by Dell, seconded by Brown Page 2 that communication from City Planner transmitting request of Thomas Biemann to rezone from "C-1" Commercial District to "M-1" Light Industrial District property generally located on the southeast corner of Independence Avenue and Bishop Avenue for use as an outdoor tire storage and salvage area, together with recommendation of denial 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 said request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-109. 99015 - Moved by Dell, seconded by Brown that communication from City Planner transmitting request of Dick Klingaman to rezone from "A-1" Agricultural District to "M-1" Light Industrial District property generally located between U.S. 63 and Eldora Road south of the Williams Brothers Pipeline Co. terminal, 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 said request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-110. 99016 - Moved by Dell, seconded by Brown that communication from Associate Engineer transmitting request of Cedar Valley Corporation for a variance of Chapter 25.5 of the Noise Control Ordinance from March 17, 1992 through December 18,1992 in conjunction with Sixth Street Extension Project - West Segment (Phase I), IX -6604(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-111. DOCUMENTS 99017 - Moved by Brown, seconded by Budak that communication from Assistant City Engineer transmitting application to perform work within state highway right-of-way to allow Southside Midwest Heritage Inn (Fairfield Inn Motel) to construct an outlet from their storm water detention facility into the right-of-way of Interstate 380, 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. 1992-112. 99018 - Moved by Brown, seconded by Budak that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of 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 "Resolution approving said document", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-113. 99019 - Moved by Brown, seconded by Budak that communication from Assistant City Engineer transmitting Maintenance Bond from 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. Motion carried. March 16, 1992 RESOLUTIONS TO BE ADOPTED 99020 - Moved by Brown, seconded by Budak Page 3 that "Resolution fixing date of hearing as March 23, 1992 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $6,000,000 General Obligation Bonds for an Essential Corporate Purpose", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-114. 99021 - Moved by Brown, seconded by Budak that "Resolution accepting and approving a temporary easement for property owned by Robert J. and Lucile M. Etringer in conjunction with F.Y. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-115. 99022 - Moved by Brown, seconded by Budak that "Resolution setting date of hearing as April 6, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of excess right-of-way to Y.M.C.A. of Black Hawk County for $5,000.00 property generally located at the northwest corner of University Avenue and Greenhill Road off -ramp in conjunction with the Hackett Road Bypass (Greenhill Road), Disposal Project R-2", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-116. 99023 - Moved by Brown, seconded by Budak 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 (18th Year Community Development Block Grant Statement)", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-117. 99024 - Moved by Brown, seconded by Budak that "Resolution authorizing partial release of mortgage for land owned by Mary Charles/Black Hawk County", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-118. 99025 - Moved by Brown, seconded by Budak that "Resolution authorizing cancellation of special assessments for sidewalk repair at 726 Randolph Street in conjunction with F.Y. 1991 Sidewalk Repair Assessment Program - Zone 3, Contract No. 399, for property owned by the City of Waterloo", be adopted and Deputy Clerk/Auditor authorized to notify the Black Hawk County Treasurer of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-119. ORDINANCES TO BE ADOPTED 99026 - Moved by Wright, seconded by Angel that "an Ordinance amending Chapter 231, Litter Control, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 232-19, Responsibility of Owners and Agents; and enacting in lieu thereof a new Section 232-19, Responsibility of Owners and Agents (correcting a typographical error)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. March 16, 1992 Ordinances to be Adopted - continued 99027 - Moved by Fox, seconded by Dell Page 4 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 99028 - Moved by Budak, 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: Six. Absent: Buck. Motion carried. 99029 - Moved by Angel, seconded by Dell that "an Ordinance amending Chapter 231, Litter Control, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 231-19, Responsibility of Owners and Agents; and enacting in lieu thereof a new Section 231-19, Responsibility of Owners and Agents (correcting a typographical error)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3851. BILLS PAYMENT 99030 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-61, dated March 16, 1992, in the amount of $307,279.52, 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. 1992-120. NEW BUSINESS 99031 - Moved by Fox, seconded by Wright that communication from City Planner transmitting amendments to Zoning Ordinance No. 2479, as amended, as it pertains to auto salvage yards and junk yards, 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 amendments", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-121. Travel Requests 99032 - Moved by Fox, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Paul Huting, Superintendent of Resources, to attend Iowa Park and Recreation Association Annual Conference in Ames, Iowa on March 30 -April 1, 1992, with costs not to exceed $196.00, including the use of city vehicle. 2. James Sullivan, Maintenance Electrician, to attend 54th Annual Educational and Business meeting of Iowa Chapter of International Association of Electrical Inspectors in Mason City, Iowa on April 2-3, 1992, with costs not to exceed $157.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 99033 - Moved by Fox, seconded by Wright that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forward to the Iowa Beer and Liquor Control Department an cigarette permit application be eceived, placed on file and .approved: '`� March 16, 1992 Page 5 Miscellaneous - continued 1. Beer License Permit Application Class B Byrnes Park Golf Course, 1000 Fletcher (Seasonal 3/20/92 - 11/20/92) (Includes Sunday Sales) 2. Beer License Permit Application Class C Walgreen, 2323 Crossroads (Renewal) (Expires 4/29/93) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Waterloo Bowl, 120 Jefferson (Renewal) (Expires 3/29/93) (Includes Sunday Sales) 4. Beer/Wine License Permit Application Class E S & S Meats, 930 West 5th Street (Renewal) (Expires 3/7/93) (Includes Sunday Sales) Fast Eddies, 1027 East 4th Street (New) (Expires 3/20/93) (Includes Sunday Sales) 5. Beer & Liquor License Permit Application Class A Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/14/93) (Includes Sunday Sales) Cigarette Permit Application One (1) Motion carried. BONDS 99034 - Moved by Wright, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 16, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 99035 - Forest Dillavou, 1725 Huntington Road, stated that the Mayor was asking for suggestions on how to save money at Thursday evening's F.Y. 1993 Budget Hearing and offered the following suggestions. He stated that the City should get out of the business of selling real estate as was done during this evening's Council meeting under Resolutions to be Adopted (see CR 99022). He cited other examples of the City's sale of property along U.S. Highway 218 and Ansborough Avenue. He questioned whether a list of City -owned property was available. Dave Van Dee, Assistant City Planner, stated that sale of excess property is required as a part of the receipt of federal funds for the Interstate Substitution Program. Sale of excess property within two years is required. Buildable parcels of property are appraised, bids obtained and sold to the highest bidder based upon the bid and the appraisal price. Unbuildable property is sold to adjacent property owners. The County Assessor is recreating a list of publicly owned properties, including city -owned parcels. John Woods, 126 Leland Avenue and representing Landlords of Iowa, Inc., was shocked at the bids received for the F.Y. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435 (see CR 99013 above). He questioned the City's cost attributable to Iowa Beef Processors and Eagle Ottawa Tannery and contended that each should be responsible for a larger share. He suggested that the City consider changing its direction and perhaps redirect the burden of cost to the responsible industries. He questioned whether the construction of a lagoon was necessary. John Meyer, Public Works Director, stated that the construction of a lagoon off- site was more cost beneficial than expansion at the treatment facility. It was noted that IBP and Eagle Ottawa Tannery pay annual sewer rental fees of $500,000 and $720,000, respectively. March 16, 1992 Page 6 Oral Presentations - continued Shirley Koslowski, 816 Archer Avenue, thanked the Council for their patience and perseverance during the lengthy public hearing on Thursday, March 12, 1992. She stated that it was rare to see a public body listen so closely to the comments of the public. She encouraged the Council to work through the budget situation as best as possible. Moved by Budak, seconded by Angel that the above oral comments be received and placed on file. Motion carried. 99036 - City Attorney James Walsh stated that labor strategy is an approved topic of Executive Session as authorized by Iowa Code, Chapter 20.16 Moved by Angel, seconded by Wright that the Council adjourn to Executive Session. Ayes: Six. Absent: Buck. Motion carried. EXECUTIVE SESSION 99037 - Moved by Wright, seconded by Budak that the Council adjourn the Executive Session and receive, file and reject the factfinder's report and proceed to arbitration. Ayes: Six. Absent: Buck. Motion carried. 99038 - Moved by Angel, seconded by Wright that the Council adjourn at 7:45 p.m. Motion carried. Larry P. Burger City Clerk/Auditor