HomeMy WebLinkAbout05/17/93May 17, 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, May 17, 1993. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Lemke. Absent: Dell.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Sang -Ki Han, Assistant City Attorney
101168 - Moved by Buck, seconded by Wright
that the Agenda, as proposed, for the Regular Session on Monday, May 17, 1993, at
7:00 p.m., and the Minutes of the Regular Session on Monday, May 10, 1993, at 7:00
p.m., be accepted and approved. Motion carried.
Mayor Manning read a Proclamation declaring the week of May 23-30, 1993 as
Emergency Medical Services Week.
HEARINGS AND BIDS
101169 - Moved by Angel, seconded by Buck
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc. and taking of bids for the F.Y. 1993 Hazardous Material
Training Center, Contract No. 459, as published in the Waterloo Courier on May 4,
1993, be received and placed on file. Motion carried.
101170 - 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 Buck
that "Resolution confirming the approval of plans, specifications, form of
contract, etc. in conjunction with said project", be adopted. Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-284.
101171 - Moved by Budak, seconded by Buck
that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-285.
101172 - Moved by Buck, 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 of contract delayed):
Bidder Bid Bond Base Bid Alt A
Nielsen Building Systems, Racine, WI 5% $164,829.00 $8,070.00
Prairie Construction Co., Waterloo, IA 5% $177,020.00 $7,320.00
Motion carried.
HEARINGS
101173 - Moved by Wright, seconded by Buck
that proof of publication of notice of public hearing on Sidewalk Inspection and
Repair Program - Zone 5, as published in the Waterloo Courier on May 4, 1993, be
received and placed on file. Motion carried.
101174 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Keith Bock, 3111 Marigold Drive, asked that he be allowed to postpone the repairs
to his sidewalk for three or four years to coincide with anticipated improvements
to his driveway. This newer subdivision has undeveloped lots in the area.
May 17, 1993 Page 2
Hearings - continued
Eric Thorson, City Engineer, stated that the deed of dedication required the
construction of sidewalks along each of the lots. Failure to make the repairs
also exposes future liabilities. It was noted that if Mr. Bock elected not to do
the repairs, the City would employ a contractor and assess the cost against the
property. The first installment would be payable in September 1994.
A letter of objection was received from Robert S. Grittmann, 937 Colby Road,
objecting to the City's ordinance which prohibits putting sand down before pouring
concrete for sidewalks. He stated that he wished to protest the ordinance
prohibiting the usage of sand under sidewalks, and that he did not believe he
should bear the expense of repairing the sidewalk a second time when he made
repairs to the sidewalk according to the City code even though it was his
contractor's stated expertise that putting compacted sand down before the concrete
is poured would prevent the sidewalk from settling.
Moved by Buck, seconded by Wright
that the hearing be closed and oral and written comments be received and placed
on file. Motion carried.
101175 - Moved by Buck, seconded by Fox
that "Resolution authorizing to proceed with Sidewalk Inspection and Repair
Program - Zone 5", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-286.
101176 - Moved by Buck, seconded by Angel
that proof of publication of notice of public hearing on request of Steve
Bridenbaugh dba Metro Auto, Inc. to rezone from "C-1" Commercial District to "C-1"
Commercial District/"C-Z" Conditional Zoning property generally located at 2111-
2117, as published in the Waterloo Courier on May 4, 1993 be received and placed
on file. Motion carried.
101177 - 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 Buck
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission, written and oral comments and request of Steve
Bridenbaugh to withdraw his rezoning request be received, placed on file and
approved. Motion carried.
UNFINISHED BUSINESS
101178 - Moved by Wright, seconded by Budak
that communication from Clerk/Auditor requesting recertification of special
assessments for unpaid sewer and garbage services for property located at 919
Newell Street, be received, placed on file and tabled indefinitely. Motion
carried.
101179 - Moved by Budak, seconded by Lemke
that communication from Mayor Al Manning transmitting authorization to extend date
of employment for Larry P. Burger, Clerk/Auditor, through May 31, 1993, be
received, placed on file and approved. Motion carried.
May 17, 1993
PETITIONS FROM PUBLIC
101180 - Moved by Budak, seconded by Lemke
Page 3
that communication from Associate Engineer transmitting signage request of Locke
Funeral Home, Inc. to temporarily place signs on city right of way on the north
side of Williston Avenue at the intersection with Martha Street and on the north
side of Williston Avenue at the alley located between Martha Street and Bayard
Street in conjunction with Sixth Street Extension Project, Contract No. 413,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-287.
101181 - Moved by Budak, seconded by Lemke
that communication from City Engineer transmitting request of Scott R. Bush for
a concrete driveway waiver to be located at 908 Oregon Street, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-288.
101182 - Moved by Budak, seconded by Lemke
that communication from City Engineer transmitting request by Mary L. Schwake
(Mary Rocca) for a concrete driveway waiver to be located at 3236 Midway Drive,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-289.
101183 - Moved by Budak, seconded by Lemke
that communication from City Planner transmitting request of Richard S. Klingaman
to rezone from "A-1" Agricultural District to "R -3,R -P" Planned Residence District
property generally located between West 4th Street and Highway 63, south of the
Timberline Condominiums for development of residential uses and professional
offices, together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as June 7, 1993 at 7:00 p.m. in the City Hall Council Chambers on the
above described request", be adopted and City Clerk/Auditor instructed to publish
notice of hearing of same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-290.
101184 - Moved by Budak, seconded by Lemke
that communication from City Planner transmitting request of Scott and Angela
DeWolf to reduce a portion of the 30 foot platted building line generally located
along the northerly side of 2516 Orchard Street, together with recommendation of
approval of the Planning, Programming and Zoning Commission, be received, placed
on file and "Resolution setting date of hearing as June 7, 1993, at 7:00 p.m. in
the City Hall Council Chambers on the above described request", be adopted and
City Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-291.
101185 - Moved by Budak, seconded by Lemke
that communication from Waterloo Optimist Club transmitting request to seek
donations outside City Hall entrances and parking lots on "Tag Days" June 18 and
19, 1993 in conjunction with their baseball and softball programs, be received,
placed on file and approved. Motion carried.
May 17, 1993
DOCUMENTS
101186 - Moved by Buck, seconded by Wright
Page 4
that communication from Assistant City Engineer transmitting construction plans
for paving and storm sewer in conjunction with Audubon Park Fifth Addition,
together with recommendation of approval, be received, placed on file and
"Resolution approving said documents", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-292.
101187 - Moved by Buck, seconded by Wright
that communication from Assistant City Engineer transmitting construction plans
for paving and storm sewer in conjunction with Audubon Heights Addition, together
with recommendation of approval, be received, placed on file and "Resolution
approving said documents", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-293.
101188 - Moved by Buck, seconded by Wright
that communication from Budget Analyst transmitting agreement with Carney,
Alexander, Marold & Co. for audit services for year ending June 30, 1993 for sewer
rental enterprise funds, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-294.
101189 - Sue Fangman, Insurance Coordinator, reported that the Cafeteria Benefits Plan is
available to City employees which will allow the employee to pay for unreimbursed
medical expenses and a portion of the insurance premiums before federal, state and
social security taxes are withheld.
Moved by Buck, seconded by Wright
that communication from Insurance Coordinator transmitting Cafeteria Benefits Plan
for the City of Waterloo, be received, placed on file and "Resolution approving
said plan", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-295.
RESOLUTIONS TO BE ADOPTED
101190 - Moved by Buck, seconded by Wright
that "Resolution designating John W. Meyer, Public Works Director, as City of
Waterloo's authorized representative for purpose of obtaining federal assistance
for flood related damage", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-296.
ORDINANCES TO BE ADOPTED
101191 - Moved by Fox, seconded by Budak
that "an Ordinance vacating a portion of street right of way generally located
along Fletcher Avenue (formerly Cleveland Street) and rescinding Ordinance No.
3922 (Iowa Department of Transportation", be received, placed on file, considered
and passed for the second time. Ayes: Six. Absent: Dell. Motion carried.
101192 - 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: Dell. Motion carried.
101193 - Moved by Wright, seconded by Fox
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: Dell.
Motion carried.
May 17, 1993
Ordinances to be Adopted - continued
101194 - Moved by Angel, seconded by Wright
Page 5
that "an Ordinance vacating a portion of street right of way generally located
along Fletcher Avenue (formerly Cleveland Street) and rescinding Ordinance No.
3922 (Iowa Department of Transportation)", be adopted. Ayes: Six. Absent:
Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3942.
101195 - Moved by Fox, seconded by Wright
that "Resolution authorizing sale and conveyance of a portion of street right of
way to Iowa Department of Transportation generally located along Fletcher Avenue
(formerly Cleveland Street) and rescinding Resolution No. 1993-97", be adopted and
City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-297.
101196 -. Moved by Buck, seconded by Fox
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 277 to Section 2A-5 Rezoning Certain Property (request
of city staff to rezone from "C-2" Commercial District to "C-3" Commercial
District property generally located between W. Mullan Avenue and W. First Street
and from Jefferson Street to the Cedar River)", be received, placed on file,
considered and passed for the second time. Ayes: Six. Absent: Dell. Motion
carried.
101197 - 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: Dell. Motion carried.
101198 - Moved by Budak, seconded by Wright
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: Dell.
Motion carried.
101199 - Moved by Budak, seconded by Angel
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 277 to Section 2A-5 Rezoning Certain Property (request
of city staff to rezone from "C-2" Commercial District to "C-3" Commercial
District property generally located between W. Mullan Avenue and W. First Street
and from Jefferson Street to the Cedar River)", be adopted. Ayes: Six. Absent:
Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3943.
101200 - Moved by Wright, seconded by Budak
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 278 to Section 2A-5 Rezoning Certain Property (request
to rezone from "C-2" Commercial District to "C-1" Commercial District property
generally located at the southwest corner of the intersection of West Ninth Street
and Washington Street)", be received, placed on file, considered and passed for
the second time. Ayes: Six. Absent: Dell. Motion carried.
101201 - Moved by Fox, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried.
101202 - Moved by Angel, seconded by Fox
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: Dell.
Motion carried.
May 17, 1993
Ordinances to be Adopted - continued
101203 - Moved by Fox, seconded by Buck
Page 6
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 278 to Section 2A-5 Rezoning Certain Property (request
to rezone from "C-2" Commercial District to "C-1" Commercial District property
generally located at the southwest corner of the intersection of West Ninth Street
and Washington Street)", be adopted. Ayes: Six. Absent: Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3944.
BILLS PAYMENT
101204 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-54, in the amount of $630,751.63,
dated May 17, 1993, copies of which are on file in the Clerk/Auditor's office",
be adopted. Ayes: Five. Abstain: Buck. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-298.
NEW BUSINESS
101205 - Moved by Wright, seconded by Fox
that communication from City Planner transmitting request to amend Zoning
Ordinance No. 2479, as amended, as it pertains to hard surfacing requirements for
off-street parking lots, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as June 7, 1993 at 7:00 p.m. in the City Hall Council
Chambers on the above described request", be adopted and City Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-299.
101206 - John Meyer, Public Works Director, reported that Midwest Power has proposed an
alternative street lighting plan for the Crossroads Shopping area which is in
conformance with the City's non -conflict street lighting policy. Formerly, there
were 39 street lights located on the boulevard, but the proposed plan reduces the
lights to 27. This will result in a cost savings with less lights and more energy
efficient lamps.
Moved by Wright, seconded by Fox
that communication from Public Works Director transmitting Midwest Power's
proposed street lighting plan for Crossroads Shopping Area, be received, placed
on file and "Resolution approving said proposed street lighting plan", be adopted.
Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1993-300.
101207 - Mayor Manning stated that he was recommending appointment of Michelle Temeyer as
Acting City Clerk until a permanent replacement is selected to fill the vacancy
created by the resignation of Larry P. Burger, Clerk/Auditor.
Moved by Wright, seconded by Fox
that communication from Mayor Al Manning transmitting recommendation of
appointment of Michelle Temeyer as Acting City Clerk effective June 1, 1993, be
received, placed on file and approved. Motion carried.
Travel Requests
101208 - Moved by Wright, seconded by Fox
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved, with Councilperson Angel abstaining on
Travel Request No. 3 and Councilperson Buck abstaining on Travel Request No. 4:
May 17, 1993 Page 7
Travel Requests - continued
1. John Meyer, Public Works Director, Gary Simmons, Superintendent of Water
Pollution/Flood Control, and Dave Buck, Councilperson, to attend meetings with
representatives from Iowa to secure grant for improvements to Wastewater
Treatment Plant in Washington, D.C. on May 24-25, 1993, with costs not to
exceed $801.39 each.
2. E. Gunderson, J. Daws, T. Pillack, C. Kienol, J. Duggan, C. Caughron, and Sue
Taylor, Police Department Liaison/Dare Officers, to attend 4th Annual Iowa
D.A.R.E Training Conference in Cedar Falls, Iowa on July 18-20, 1993, with
costs not to exceed $700, including the use of city vehicle.
3. Sang -Ki Han, Assistant City Attorney, and Chuck Angel, Chairperson of the Cable
Commission, to attend Cable Rules, Rates and Renewals Seminar in Tulsa,
Oklahoma on June 24-25, 1993, with costs not to exceed $992.50 each.
4. Larry P. Burger, Clerk/Auditor, Bruce Meisinger, Budget Analyst, and Dave Buck,
Councilperson, to attend meetings in New York, New York with representatives
of Moody's Investment Services and insurance agencies in conjunction with
upcoming $5 million bond sale on May 26-27, 1993, with costs not to exceed
$850.00 each.
Motion carried.
MISCELLANEOUS
101209 - Moved by Wright, seconded by Fox
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:
1. Beer License Permit Application
Class C
G & R Convenience Mart, 2324 Idaho Street (Renewal) (Expires 2/28/94) (Includes
Sunday Sales)
2. Beer/Liquor License Permit Application
Class C
Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/94) (Includes Sunday
Sales)
Packers, 201 Rath Street (Renewal) (Expires 5/21/94) (Includes Sunday Sales)
Metro 66, 3201 West 4th Street (Renewal) (Expires 6/30/94) (Includes Sunday
Sales)
Half Pint Saloon, 1831 Independence (Renewal) (Expires 6/30/94) (Includes
Sunday Sales)
Motion carried.
BONDS
101210 - Moved by Buck, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 17, 1993, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
101211 - Robert Sieglaff, 914 West Third Street, asked that the Council consider the
referendum defeating the enactment of the City Manager form of government. He
also questioned the expenditure of local option sales tax money.
Moved by Buck, seconded by Wright
that the above oral comments be received and placed on file. Motion carried.
May 17, 1993 Page 8
101212 - City Attorney Jim Walsh stated that labor negotiations are an approved topic of
Executive Session as authorized by Iowa Code Section 20.16.
Moved by Buck, seconded by Wright
that the Council adjourn to Executive Session. Ayes: Six. Absent: Angel.
Motion carried.
EXECUTIVE SESSION
101213 - Moved by Buck, seconded by Lemke
that the Council adjourn the Executive Session. Motion carried.
101214 - Moved by Buck, seconded by Wright
that city staff be instructed to continue to negotiate. Motion carried.
ADJOURNMENT
101215 - Moved by Angel, seconded by Buck
that the Council adjourn at 8:15 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor