Loading...
HomeMy WebLinkAbout08/16/93August 16, 1993 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, August 16, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Acting Community Development Administrator Mark Boesen 101698 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, August 16, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, August 9, 1993 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 101699 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, as published in the Waterloo Courier on August 2, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101700 - 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. 1993-507. 101701 - Moved by Budak, seconded by Lemke that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-508. 101702 - Moved by Angel, 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 (award of contract delayed): Bidder Bid Bond Bid Amount Borwig Building Services, Waterloo, IA 5% $25,937.24 Bowers Masonry, Inc., Waterloo, IA 5% $19,265.45 Dolan Concrete & Masonry Inc., Waterloo, IA 5% $22,151.80 Rainbow Concrete Construction, Inc., Waverly, IA 5% $25,250.15 Ayes: Seven. Motion carried. HEARINGS 101703 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Timothy S. Hilyard and Barbara J. Hilyard to sell and convy property generally located at Lucas Street and Cloverdale Avenue for $1.00 and other valuable consideration, as published in the Waterloo Courier on August 6, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101704 - 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 Dell, seconded by Fox that the hearing be closed. Ayes: Seven. Motion carried. August 16, 1993 Hearings - continued 101705 - Moved by Angel, seconded by Buck Page 2 that "Resolution authorizing sale and conveyance of property generally located at Lucas Street and Cloverdale Avenue to Timothy S. Hilyard and Barbara J. Hilyard for $1.00 and other valuable consideration", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-509. 101706 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on request of Jim Homewood, Virgil Kohagen, Mike Hospodarsky and Brian Minard to sell and convey 50 feet of city -owned property generally located along the rear of Prescotts Drive for $2,291.65, as published in the Waterloo Courier on August 6, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101707 - 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 Buck, seconded by Budak that the hearing be closed. Ayes: Seven. Motion carried. 101708 - Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of 50 feet of city -owned property generally located along the rear of Prescotts Dive to Jim Homewood, Virgil Kohagen, Mike Hospodarsky and Brian Minard for $2,291.65", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-510. PETITIONS FROM PUBLIC 101709 - Moved by Dell, seconded by Buck that communication from City Engineer transmitting request of Glenn I. Barnes for a concrete driveway to be located at 5239 Foulk Road, 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. 1993-511. 101710 - Moved by Dell, seconded by Buck that communication from City Engineer transmitting request of Larry L. Kalenske for a concrete driveway to be located at 5251 Foulk Road, 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. 1993-512. 101711 - Moved by Dell, seconded by Buck that the request of the UpDowntowners for a variance to the Noise Control Ordinance on August 28, 1993 from 5:00 to 11:00 p.m. in conjunction with UpDowntown Saturday Night event, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-513. August 16, 1993 Page 3 Petitions from Public - continued 101712 - Moved by Dell, seconded by Buck that communication from City Engineer transmitting request of Cedar Valley Corporation for a variance of the Traffic Ordinance, Section 547, truck embargo on Rainbow Drive from West City Limit to Greenhill Road, effective August 23, 1993 to November 15, 1993 in conjunction with Rainbow Drive Reconstruction, 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. 1993-514. 101713 - Moved by Dell, seconded by Buck that communication from Acting Clerk/Auditor transmitting request of Tina Porter for forgiveness of garbage and sewer assessments for property located at 2405 East Fourth Street and an agreement for a repayment plan, be received, placed on file and "Resolution approving said request", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-515. DOCUMENTS 101714 - Moved by Dell, seconded by Buck that communication from Executive Director of Waterloo Housing Authority transmitting a Line of Credit Control System (LOCCS) Voice Response System form for verification of account balances and the release of funds by wire transfer to the Section 8 Housing Voucher Account_in conjunction with the HOPE for Elderly Independence Program, be received, placed on file and "Resolution approving the Waterloo Housing Director as the authorized user for the LOCCS Voice Response System", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-516. 101715 - Moved by Dell, seconded by Buck that communication from Fire Chief transmitting Change Order No. 3 for a net increase not to exceed $1,150.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with Rough Grading at the Hazardous Material Training Center, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 101716 - Moved by Buck, seconded by Fox that communication from Public Works Director transmitting an engineering agreement with RUST Environmental & Infrastructure to complete a stream flow and facility planning alternative analysis for the Wastewater Treatment Facility, together with recommendation of approval, be received, placed on file and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-517. 101717 - Moved by Buck, seconded by Fox that communication from Public Works Director transmitting proposed Consent Order, Judgment and Decree between the Iowa Department of Natural Resources and the City of Waterloo, be received placed on file and rejected. Ayes: Seven. Motion carried. 101718 - Moved by Buck, seconded by Dell that communication from Executive Director of Waterloo Housing Authority transmitting a grant agreement with the U.S. Department of Housing and Urban Development in the amount of $167,000 for HOPE for Elderly Independence Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-518. August 16, 1993 Page 4 ORDINANCES TO BE ADOPTED 101719 - Vernon Weems, 637 Independence Avenue, would like the Council to reconsider increasing the salary for the City Council somewhere between $18,500 and $25,000. This would increase the total Council salaries by approximately $96,044. He also mentioned that the average household salary in the Waterloo area is $25,578, and he finds it deplorable that the City has 126 people earning in excess of $35,000 and 42 people earning in excess of $40,000. He suggested that cuts in these salaries would pay for any increase in Council salaries. He stated that he was not suggesting that these people are not worth their salaries, but the City cannot afford to have the luxury of having them paid in excess of 1z times the average household income in the Waterloo area. Another way for paying the increased salary by saving in excess of $200,000 would be to cut funding to all outside agencies. Mr. Weems stated the Council is grossly underpaid compared to Black Hawk County Supervisors, other Iowa cities and the state. He feels the higher salaries are needed to attract the best candidates for Council positions. Also, Mr. Weems would like to see this passed for the first time only. Moved by Budak, seconded by Buck that "an Ordinance fixing the compensation of the Council Members of the City of Waterloo, Iowa, and repealing Ordinance No. 3832", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101720 - 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. 101721 - Moved by Budak, seconded by Lemke 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. 101722 - Moved by Dell, seconded by Buck that "an Ordinance fixing the compensation of the Council Members of the City of Waterloo, Iowa, and repealing Ordinance No. 3832", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3965. 101723 - Moved by Angel, seconded by Buck that "an Ordinance fixing the compensation of the Mayor of the City of Waterloo, Iowa, and repealing Ordinance No. 3828", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101724 - 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. 101725 - Moved by Wright, seconded by Angel 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. 101726 - Moved by Buck, seconded by Wright that "an Ordinance fixing the compensation of the Mayor of the City of Waterloo, Iowa, and repealing Ordinance No. 3828", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3966. August 16, 1993 BILLS PAYMENT 101727 - Moved by Angel, seconded by Fox Page 5 that "Resolution approving Schedule A918, pp. 1-53, in the amount of $528,299.17, dated August 16, 1993, 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. 1993-519. NEW BUSINESS 101728 - Moved by Budak, seconded by Wright to instruct Executive Director of Waterloo Housing Authority to prepare plans, specifications, form of contract, etc. for construction of 10 houses for the Family Self -Sufficiency Family Public Housing Program, be received, placed on file and approved. Ayes: Seven. Motion carried. 101729 - Moved by Budak, seconded by Wright that plans, specifications, form of contract, etc., for the construction of 19 houses for the Family Self -Sufficiency Family Public Housing Program, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven.. Resolution adopted and upon approval by Mayor assigned No. 1993-520. 101730 - Moved by Budak, seconded by Wright that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 20, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-521. 101731 - Moved by Dell, seconded by Wright that authorization to proceed with purchase of properties located at 305 Glenwood, 309 Glenwood and 319 Glenwood in conjunction with the Martin Luther King, Jr. Drive, be approved. Prior to a vote on the above motion, the following discussion was heard. Virgil DeGroote, 241 Fairfield Street, was wondering if an abatement fence (noise wall) for safety and noise control was considered. Bob Stevenson, City Planner, responded that it did not meet any of the necessary requirements because its on an elevated roadway and would requite a 25 foot wall. Vernon Weems, 637 Independence Avenue, spoke on behalf of a resident at 145 South Barclay, William Lawrence, in that he would like his property included as he is only 55 feet from the railroad and highway at the intersection of Glenwood and South Barclay. Forest Dillavou, 1725 Huntington, was opposed to the City buying anything they do not need to buy, and he felt these three properties fell into this category. He feels a dangerous precedent will be set by this action because a lot of houses on Franklin Street are closer than 200 feet as well as residents along Ansborough Avenue. Moved by Fox, seconded by Buck that the above motion be amended to authorize appraisal of said properties. Ayes: Four. Nays: Angel, Budak, Lemke. Motion carried. 101731 - Moved by Dell, seconded by Wright that authorization to proceed with appraisal of properties located at 305 Glenwood, 309 Glenwood and 319 Glenwood in conjunction with the Martin Luther King, Jr. Drive, be approved. Ayes: Four. Nays: Angel, Budak, Lemke. Motion carried. August 16, 1993 New Business - continued Page 6 101733 - Moved by Buck, seconded by Dell that communication from Mayor Al Manning transmitting recommendation of appointment of Mark Boesen as Community Development Administrator, effective August 17, 1993, be received, placed on file and approved. Ayes: Seven. Motion carried. 101734 - Moved by Buck, seconded by Dell that communication from Mayor Al Manning transmitting appointment of Frank Magsamen as Acting Fire Chief, effective September 7, 1993, be received, placed on file and approved. Ayes: Seven. Motion carried. MISCELLANEOUS 101735 - Moved by Buck, seconded by Dell 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 application for dance license and applications for pawnbroker's license be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C 929 Tap, 929 West 5th Street (Renewal) (Expires 9/1/94) Nino's, 3551 University Avenue (Renewal) (Expires 8/19/94) (Includes Sunday Sales) Application for Dance License Best Western Starlite Village (Ramada Hotel), 214 Washington Street Application for Pawnbroker's License Duees Pawn, 92 Vinton Avenue Farris Stereo & Loan, 184 West 18th Street Sycamore Pawn, 1202 Sycamore Street Waterloo Jewelry & Loan, 330 East 4th Street Levi Brothers, 306 East 4th Street Broadway Pawn & Gun, 400 Broadway A-1 Pawn, 2000 Hawthorne Ayes: Seven. Motion carried. BONDS 101736 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 16, 1993, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 101737 - Marilyn Mesner, 644 W. Donald Street, and Alice Henniksen, 720 W. Donald Street, would like something done about the water problem on Donald Street where it dips and sits all the time. John Meyer, Public Works Director, stated that the City has been trying to figure out a simple solution to the problem that doesn't involve miles of storm sewer. The Engineering Department is in the process of doing some surveying to see if we can drain it temporarily to get it off the pavement. He added that this section has been a problem ever since Donald Street was paved because there is no storm sewer in the area and there is no place at its "low spot" to drain. Ms. Mesner also wanted to know if something could be done about the person pumping water from a man-made lake behind their property, across their property, thereby contributing to the existing problem on Donald Street. The Engineering Department will check into this. She also asked about the dump truck and semi -truck traffic on Donald Street all day long. They are tearing up the road, speeding and carrying concrete and dirt without a cover over their load. This is an enforcement problem, but because of the shortage of personnel in the Police Department, this is not a high priority issue. Chief Koehrsen will look into this and address the problem during the first shift on an available basis. August 16, 1993 Page 7 Oral Presentations - continued Art Polk, 719 West Donald Street, informed Mr. Meyer that he has lived there since 1956, and there is a culvert in that area. He mentioned the area never had a water problem until Donald Street was paved. Vernon Weems, 637 Independence Avenue, mentioned the article he read in Sunday's Courier in regard to the downtown parking projects. He feels the downtown community thinks the City Treasury is their private bank account for parking; whereas existing businesses that are expanding (Allen Hospital, Covenant, Hy -Vee, County Market, etc.) provided their own parking needs. Charlene Mishler, 319 Center Street, wanted to know when the ammonia nitrate standard was first imposed on the sewage treatment plant. Mr. Meyer stated that it was first adopted in Iowa in about 1986 and first imposed on the City of Waterloo with our draft permit that we received in October 1992. She wanted to know if any kind of study was done when IBP & the Tannery came into the system. Mr. Meyer stated the impact analysis was done as a guidance document for the intergovernmental agreements. It was a cost analysis of their incremental costs to have them attached to the system. The treatment agreements were negotiated and reflected what was said. Ms. Mishler wanted to know if the violations we have been cited for have been since the two facilities have come on the system. Mr. Meyer stated it was true, but we had been in violation many, many years when Rath Packing was here. He also assured Ms. Mishler that the two companies would pay their fair share of any costs involved in meeting the compliance request. Virgil DeGrote, 241 Fairfield, was concerned with why we have so many more problems than other cities. It was pointed out to Mr. DeGrote that we were one of the first cities in Iowa to have a meat packing facility, and the first one to build a wastewater treatment facility, which is now one of the oldest in the state. Most of the other cities upgraded their facilities in the 1980s when the federal government had money for that, and at that time we no longer had a meat packing facility (Rath) and did not have a need. We have the worst of both ends of the deal. We have the oldest plant and no federal dollars to improve it. It was pointed out that we are not the only city. Des Moines just spent over $200 million. Fortunately, a great share of it was federal money because they were in the grant process. Dubuque is under a lawsuit now and has been fined $8,000.00 and is having to do an upgrade. Iowa City is looking at a major upgrade. Ames spent over $40 million and looking at spending another $15-20 million, and they are in court over that same issue. Councilperson Wright wanted to know which department is responsible for the storm clean-up of trees that are on the City portion of properties. She has tried since July with no results. She was told the Parks Department if it is on City parking, but because of the backlog, it will take a while. Also, some have called about fixing their sidewalks but cannot because the base of their tree and roots have not been removed. The Parks Department will handle this as soon as they can get caught up. Wayne Nathem, 548 Cloverdale, questioned when the last time substantial money was spend on the wastewater treatment plant. Mr. Meyer stated it was 1989, 90 and 91. Basically we replaced a final clarifier and built an additional intermediate clarifier. All three of these projects cost approximately $10 million. David Chapman, Plant Manger of Eagle Tannery, stated they are in agreement with what the City has done this evening and wanted to go on record stating they would be happy to supply any legal or technical assistance as required. Eric Thorson, City Engineer, stated that his department would need time to review the bids opened tonight (see CR 101702) and that the award of contract for F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, be delayed for one week. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 9:11 p.m. Ayes: Seven. Motion carried. Tom Campbell Deputy Clerk/Auditor