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HomeMy WebLinkAbout04/26/93April 26, 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, April 26, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Lemke. Absent: Dell. Invocation by: Councilperson Tony Budak Pledge of Allegiance: Don Temeyer, Planning and Development Director 101053 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, April 26, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, April 19, 1993, at 7:00 p.m., be accepted and approved. Motion carried. Mayor Manning read a Proclamation declaring the week of April 25 - May 1, 1993 as Arbor Week. Mayor Manning read a Proclamation declaring April 30 through May 4, 1993 as Disabled American Veterans Forget -Me -Not Days. Mayor Manning read a Proclamation declaring the month of May as Tourism Month. Terri Poe, Executive Director of Waterloo Convention & Visitors Bureau, was present and thanked the Mayor for the proclamation. HEARINGS AND BIDS 101054 - Moved by Budak, 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 Asphalt Overlay Program, Contract No. 447, as published in the Waterloo Courier on April 16, 1993, be received and placed on file. Motion carried. 101055 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Lemke questioned what additional projects will be funded with the additional monies being received from the Local Option Sales Tax. Eric Thorson, City Engineer, commented that several streets are being reviewed in the Greenbriar area as requested by Councilperson Dell. Councilperson Budak questioned whether there will be any intersection repair in his ward. Mr. Thorson noted that City staff will be reviewing the list and possibly making changes as money allows. Ernie Boykin questioned whether any of the pot holes on Walnut Street adjacent to Hardees, 805 Franklin Street, will be repaired. Mr. Thorson reported that this area is included in the Sixth Street Extension project, and that several streets in the area are also included as part of the City's Street Reconstruction Program. 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. 1993-239. 101056 - Moved by Angel, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-240. April 26, 1993 Page 2 Hearings and Bids - continued 101057 - Moved by Fox, seconded by Wright to receive, file and instruct Clerk to open and read bids and refer to City Engineer for review and recommendation (see CR 101099 for award of contract): Bidder Bid Bond Bid Amount Aspro, Inc. & Subsidiaries, Waterloo, IA 5% $2,426,375.80 Motion carried. HEARINGS 101058 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Waterloo Industries, Inc. to vacate, sell and convey portions of Rainbow Drive and Ansborough Avenue street right of way in conjunction with Relocated U.S. Highway 218 project, as published in the Waterloo Courier on April 16, 1993, be received and placed on file. Motion carried. 101059 - 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 Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Motion carried. 101060 - Moved by Budak, seconded by Buck that "an Ordinance vacating portions of Rainbow Drive and Ansborough Avenue right of way in conjunction with Relocated U.S. Highway 218 project", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101061 - Moved by Wright, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101062 - 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: Six. Absent: Dell. Motion carried. 101063 - Moved by Fox, seconded by Budak that "an Ordinance vacating portions of Rainbow Drive and Ansborough Avenue right of way in conjunction with Relocated U.S. Highway 218 project", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3936. 101064 - Moved by Buck, seconded by Wright that "Resolution authorizing sale and conveyance of portions of Rainbow Drive and Ansborough Avenue street right of way to Waterloo Industries, Inc.", 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. 1993-241. April 26, 1993 PETITIONS FROM PUBLIC 101065 - Moved by Buck, seconded by Fox Page 3 that communication from City Planner transmitting request of Steve Bridenbaugh d/b/a 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 Falls Avenue for a used car sales and service establishment, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 17, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-242. 101066 - Moved by Buck, seconded by Fox that request of Dennis Clark, 2204 Ashland Avenue, for an exception to open burning ordinance for managed prairie grass burning, together with recommendation of approval of staff, be received, placed on file and approved. Motion carried. 101067 - Moved by Buck, seconded by Fox that communication from Associate Engineer transmitting request from Aspro, Inc. and Subsidiaries for a variance of the Noise Control Ordinance effective April 27, 1993 to October 15, 1993 in conjunction with F.Y. 1993 Street Reconstruction Program, Contract No. 445, 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. 1993-243. 101068 - Moved by Buck, seconded by Fox that the request of Disabled American Veterans for a variance of the Noise Control Ordinance on April 30, 1993 from 6:00 p.m. to 10:00 p.m. for a dance to be held at Penney's lower level parking lot at Crossroads Shopping Center, 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. 1993-244. DOCUMENTS 101069 - Moved by Buck, seconded by Fox that communication from City Engineer transmitting Five Year Street Construction Program for Road Use Tax Fund (R.U.T. 4A) with Iowa Department of Transportation, be received, placed on file and "Resolution approving said report", be adopted and Clerk/Auditor instructed to file the Official Municipality Report for Street Construction Program with the Iowa Department of Transportation. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-245. 101070 - Moved by Buck, seconded by Fox that communication from Public Works Director transmitting design services agreement with RUST Environment and Infrastructure in the amount of $49,000.00 in conjunction with improvement to the main electrical services at the Water Pollution Control Facility, 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. 1993-246. April 26, 1993 Documents - continued 101071 - Moved by Buck, seconded by Fox Page 4 that communication from Community Development Acting Administrator transmitting Contracts, Bonds and Certificates of Insurance from Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $927,300.00 in conjunction with the Rath Packing Company Demolition - Phase II, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-247. 101072 - In response to a question from Ernie Boykin, Don Temeyer, Planning and Development Director, noted that Subsystem L is part of the west side downtown street signalization program that is being completed in conjunction with Relocated U.S. Highway 218 project. This will allow the traffic signals to be tied into a computer at City Hall. The Iowa Department of Transportation pays for the equipment and the City installs it. Moved by Buck, seconded by Fox that communication from City Planner transmitting an agreement for engineering and CAD work with Wayne Claassen Engineering and Surveying, Inc. in conjunction with Traffic Signal Improvements, Subsystem L, IX -218-7(96)--3P-07, 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. 1993-248. 101073 - In response to a question from Gary Ranken, 1165 Dixon Drive, Eric Thorson, City Engineer, noted that the construction plans for the Audubon Heights area were submitted and constructed by the developers and approved by the City. Said plans are then forwarded to the Department of Natural Resources for issuance of a permit to allow construction. Moved by Buck, seconded by Fox that communication from Assistant City Engineer transmitting construction plans in conjunction with sanitary sewerage facilities for Audubon Heights Addition and Sewage Treatment Agreement DNR Form 29 (Dec. 86), together with recommendation of approval, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-249. 101074 - Moved by Buck, seconded by Fox that communication from Assistant City Engineer transmitting construction plans in conjunction with sanitary sewerage facilities for Audubon Park Fifth Addition and Sewage Treatment Agreement DNR Form 29 (Dec. 86), together with recommendation of approval, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-250. 101075 - Moved by Buck, seconded by Fox that communication from City Planner transmitting Final Plat of Audubon Heights, together with Engineer's Certificate of Survey, Deed of Dedication, and resolution of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-251. April 26, 1993 Documents - continued 101076 - Moved by Buck, seconded by Fox Page 5 that communication from City Planner transmitting Preliminary Plat of Audubon Park Fifth Addition, together with Deed of Dedication and resolution of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-252. 101077 - Moved by Buck, seconded by Fox that the request of the March of Dimes Foundation to change walk route for the annual Waterloo/Cedar Falls WalkAmerica event on Saturday, May 1, 1993, due to the flooding in George Wyth State Park, be received, placed on file and approved. Motion carried. RESOLUTIONS TO BE ADOPTED 101078 - Moved by Buck, seconded by Budak that communication from City Engineer transmitting request for authorization to notify property owners of proposed sidewalk repairs together with cost estimates for the Sidewalk Inspection and Repair Program - Zone 5, be received, placed on file and "Resolution setting date of hearing as May 17, 1993 at 7:00 p.m. in the City Hall Council Chambers on the proposed repairs", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-253. 101079 - Moved by Buck, seconded by Budak that "Resolution setting new date of hearing as May 10, 1993 at 7:00 p.m. in the City Hall Council Chambers on vacation, sale and conveyance of a portion of street right of way generally located along Fletcher Avenue (formerly Cleveland Street) to the Iowa Department of Transportation in conjunction with Relocated Highway 218 Corridor and rescinding Ordinance No. 3922 and Resolution No. 1993-97 due to an error in the legal description", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-254. ORDINANCES TO BE ADOPTED 101080 - Moved by Budak, seconded by Buck that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (265) Mullan Avenue (W) of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (265) Mullan Avenue (W) of Section 551, Parking Prohibited at all Times on Certain Streets (restoring parking in the 1200 block of West Mullan Avenue in front of residences in easterly half of the block)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101081 - Moved by Wright, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101082 - Moved by Fox, 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: Six. Absent: Dell. Motion carried. April 26, 1993 Ordinances to be Adopted - continued 101083 - Moved by Angel, seconded by Buck Page 6 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (265) Mullan Avenue (W) of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (265) Mullan Avenue (W) of Section 551, Parking Prohibited at all Times on Certain Streets (restoring parking in the 1200 block of West Mullan Avenue in front of residences in easterly half of the block)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3937. 101084 - In response to a question from Councilperson Wright, Chief Bernal Koehrsen noted that the parking change on Saxon Street was at the request of the owner of Fast Eddies and Councilperson Wright to prevent persons from congregating in the area. Moved by Wright, seconded by Buck that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (340) Saxon Street of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (340) Saxon Street of Section 551, Parking Prohibited at all Times on Certain Streets (prohibiting parking in the 500 block of Saxon Street between East 4th Street and the alley, west)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101085 - Moved by Fox, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101086 - 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: Dell. Motion carried. 101087 - Moved by Wright, seconded by Fox that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (340) Saxon Street of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (340) Saxon Street of Section 551, Parking Prohibited at all Times on Certain Streets (prohibiting parking in the 500 block of Saxon Street between East 4th Street and the alley, west)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3938. 101088 - Moved by Buck, seconded by Fox that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (393) Walnut Street of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (393) Walnut Street of Section 551, Parking Prohibited at all Times on Certain Streets (restoring parking on the southwest side of the 300 block of Walnut Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 101089 - Moved by Angel, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Dell. Motion carried. 101090 - Moved by Fox, 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: Six. Absent: Dell. Motion carried. April 26, 1993 Ordinances to be Adopted - continued 101091 - Moved by Budak, seconded by Buck Page 7 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (393) Walnut Street of Section 551, Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (393) Walnut Street of Section 551, Parking Prohibited at all Times on Certain Streets (restoring parking on the southwest side of the 300 block of Walnut Street)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3939. BILLS PAYMENT 101092 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-52, in the amount of $6,088,854.73, dated April 26, 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. 1993-255. NEW BUSINESS 101093 - Moved by Buck, seconded by Angel to instruct City Engineer to prepare specifications, form of contract, etc. for F.Y. 1993 Hazardous Material Training Tower, Contract No. 459, be received, placed on file and approved. Motion carried. 101094 - Moved by Buck, seconded by Angel that specifications, form of contract, etc. for the F.Y. 1993 Hazardous Material Training Tower, Contract No. 459, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-256. 101095 - Moved by Buck, seconded by Angel that "Resolution setting date of hearing on specifications, form of contract, etc., and taking of bids as May 17, 1993, 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-257. Travel Requests 101096 - Moved by Buck, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Gary Simmons, Superintendent of Water Pollution/Flood Control; Gary Schellhorn, Technical Service Coordinator; and Jack Loynachan, Operations Coordinator, to attend IWPCA 75th Annual Meeting in Des Moines, Iowa on June 8-11, 1993, with costs not to exceed $358.00 each, including the use of city vehicle. 2. Patricia L. Reed, Human Rights Specialist, to attend Making a Difference in a Diverse Society Conference in Chicago, Illinois on May 13-14, 1993 with costs not to exceed $470.50. 3. John Meyer, Public Works Director, to attend course on Cost Effective Collection of Recyclables and Solid Waste in Madison, Wisconsin on June 2-4, 1993 with costs not to exceed $910.00. Motion carried. April 26, 1993 MISCELLANEOUS 101097 - Moved by Buck, seconded by Angel Page 8 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 fireworks display and cigarette permit application be received, placed on file and approved: 1. Beer License Permit Application Class B Black Hawk Tennis Club, 1005 Black Hawk Road (New) (Seasonal --5/1/93 - 10/31/93) (Includes Sunday Sales) 2. Beer License Permit Application Class C Pony Express, 1020 Franklin (New Owner) (Expires 5/1/94) (Includes Sunday Sales) Skyview Express, 2754 Independence Avenue (Expires 5/17/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Diamond Dave's Crossroads, 124 Crossroads Blvd. (New) (Expires 5/15/94) (Includes Sunday Sales) 4. Beer/Liquor License Permit Application Class A Amvets, 32 Lafayette Road (Renewal) (Expires 5/14/94) (Includes Sunday Sales) Application for Fireworks Display Waterloo Professional Baseball, 850 Park Road, for April 30, 1993 at Waterloo Municipal Stadium Cigarette Permit Application One (1) Motion carried. BONDS 101098 - Moved by Budak, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 26, 1993, be received, placed on file and approved. Motion carried. 101099 - City Engineer Eric Thorson recommended that the bid of Aspro, Inc. & Subsidiaries be approved for the F.Y. 1993 Asphalt Overlay Program, Contract No. 447 (see CR 101057 for bid opening). He noted that the minority goal for the project is 5 percent and the female participation 1 percent. The contractor has proposed 5.1 percent of participation for minorities and 3 percent for female participation. Moved by Buck, seconded by Angel that "Resolution making award of contract to Aspro, Inc. & Subsidiaries of Waterloo, Iowa in the amount of $2,426,375.80 for the F.Y. 1993 Asphalt Overlay Program, Contract No. 447", (see CR 101057 for bid opening) be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1993-258. The Mayor called for oral presentations and there were none. ADJOURNMENT 101100 - Moved by Buck, seconded by Wright that the Council adjourn at 7:37 p.m. Motion carried. Larry P. Burger City Clerk/Auditor •