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HomeMy WebLinkAbout03/22/93March 22, 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, March 22, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Lemke. Absent: Angel. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Troop 005 --Autumn Yancey, Ashley Wagner, Jessica Hibben, Elizabeth Fischer, Amber Wroe Mayor Manning read a proclamation declaring the month of April 1993 as Rape/Sexual Awareness Month. 100881 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session of Monday, March 22, 1993, at 7:00 p.m., and the Minutes of the Regular Session of Monday, March 15, 1993, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARINGS 100882 - HOLD HEARING --Mayor Manning stated that the time had arrived for the adjourned hearing on the request of Howard Allen and John Q. Adams to rezone from "R-2" One and Two Family Residence District to "R-2" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located on the south side of Williston Avenue, west of the Suzy Q Ice Cream Store at 1206 West Ninth Street for use as additional parking and to locate a drive -up lane (see CR 100838 of March 8, 1993). Howard Allen, requestor, presented a petition of persons in favor of the rezoning request. The Planning, Programming and Zoning Commission staff have determined that 41 percent of the properties lying within 250 feet of the request are still in opposition, requiring a two-thirds vote of the Council for approval. Councilperson Budak stated that with the large number of persons in opposition to the request, he would need to vote against the request and suggested that Mr. Allen obtain signatures of additional persons in favor. He also would be willing to talk to objectors in the neighborhood. Moved by Budak, seconded by Buck that written and oral comments be received, placed on file and the hearing be adjourned to April 5, 1993. Motion carried. 100883 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of David Heideman to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 2672 Logan Avenue (U.S. Highway 63), as published in the Waterloo Courier on March 5, 1993, be received and placed on file. Motion carried. 100884 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Bob Stevenson, City Planner, stated that due to a lack of a quorum and subsequent recommendation from Planning, Programming and Zoning Commission he would ask that this item be tabled to April 12, 1993. Moved by Wright, seconded by Fox that the hearing be adjourned to April 12, 1993. Motion carried. HEARINGS AND BIDS 100885 - 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. 1993 Sidewalk Repair Program - Zone 5, Contract No. 452, as published in the Waterloo Courier on March 5, 1993, be received and placed on file. Motion carried. 100886 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. March 22, 1993 Hearings and Bids - continued Moved by Dell, seconded by Buck Page 2 that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-156. 100887 - Moved by Wright, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-157. 100888 - Moved by Budak, 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 Base Bid Bid Bond Base Bid + Alt. 1 B & B Builders & Supply, Waterloo, IA 5% $41,432.63 $50,059.74 Borwig Building Service, Waterloo, IA 5% $38,178.91 $46,184.73 Christone Concrete/Construction, Waterloo, IA 5% $54,130.70 $66,316.70 Dolan Concrete & Masonry Inc., Waterloo, IA 5% $42,878.85 $51,740.89 Rainbow Concrete Constr. Inc., Waverly, IA 5% $60,886.41 $73,664.20 Webb Concrete, Independence, IA 5% $46,897.91 $56,918.91 Motion carried. 100889 - Moved by Buck, 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 Window Replacement at Ridgeway Towers Apartments, 225 West Ridgeway, as published in the Waterloo Courier on March 5, 1993, be received and placed on file. Motion carried. 100890 - 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 Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-158. 100891 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-159. 100892 - Moved by Dell, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to Waterloo Housing Authority Executive Director for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Kayser Construction Co., Jesup, IA 5% $ 91,282.00 Wendell Lockard Construction, Inc., Waterloo, IA 5% $102,677.00 Netom Enterprises, Ltd., Cedar Rapids, IA 5% $105,779.00 Motion carried. March 22, 1993 Hearings and Bids - continued 100893 - Moved by Buck, seconded by Budak Page 3 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Roof Replacement at Ridgeway Towers Apartment, 225 West Ridgeway, as published in the Waterloo Courier on March 5, 1993, be received and placed on file. Motion carried. 100894 - 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 Budak, seconded by Lemke that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-160. 100895 - Moved by Buck, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-161. 100896 - Moved by Fox, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to Waterloo Housing Authority Executive Director for review and recommendation (award of contract delayed): Bidder Crisp Service Roofing, Waterloo, IA Iowa Falls Roofing, Cedar Rapids, IA Motion carried. 100897 - Moved by Buck, seconded by Wright Bid Bond Bid Amount 5% $73,019.00 5% $64,993.00 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Rath Packing Plant Demolition, Phase II, as published in the Waterloo Courier on March 5, 1993, be received and placed on file. Motion carried. 100898 - 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 "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-162. 100899 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-163. 100900 - Moved by Wright, seconded by Budak to receive, file and instruct Clerk/Auditor to open and read bids and refer to Community Development Acting Administrator for review and recommendation (award of contract delayed): March 22, 1993 Hearings and Bids - continued Base Bid -A $1,019,085 $ 889,382 849,000 980,000 Corp. 634,837 549,000 385,000 Anderson Excavating & Wrecking Omaha, NE Carl Bolander & Sons Company St. Paul, MN IWSS/Integrated Waste Services Chicago, IL D. H. Griffin Wrecking Greensboro, NC Kimmins Industrial Service Niagara Falls, NY O'Rourke Construction Co. Cincinnati, OH Peterson Contractors, Inc. Reinbeck, IA Tschiggfrie Excavating Dubuque, IA $ $ $ Anderson Excavating & Wrecking Omaha, NE Carl Bolander & Sons Company St. Paul, MN IWSS/Integrated Waste Services Chicago, IL D. H. Griffin Wrecking Greensboro, NC Kimmins Industrial Service Corp. Niagara Falls, NY O'Rourke Construction Co. Cincinnati, OH Peterson Contractors, Inc. Reinbeck, IA Tschiggfrie Excavating Dubuque, IA Motion carried. HEARING 100901 - Moved by Dell 100902 - that proof of Sixth Street Waterloo Cour carried. $ $ $1,276,500 Add Alt.#4 $ 165,220 -0- $ 148,800 $1,244,000 210,887 109,000 531,300 55,400 , seconded by Fox Add Alt.#1 $ 511,705 $ 398,216 439,000 $ $1,570,000 $ $ $ $ 337,518 339,000 665,000 261,560 Base Bid -B Base Bid -A +Alt. 1,2&4 $1,720,233 -0- $1,497,000 $2,014,000 $1,369,427 $1,206,000 $ 927,300 $1,838,460 Page 4 Add Alt. #2 Add Alt. #3 $ 207,461 $ 336,362 $ 199,661 $ 249,000 148,000 $ 258,000 $1,220,000 $1,355,000 186,185 $ 347,924 $ 209,000 $ 325,000 511,000 $ 565,000 245,000 $ 251,000 $ $ $ $ Base Bid -C Base Bid -A +Alt. 1,2,3&4 $1,946,152 -0- $1,785,000 $2,449,000 $1,627,351 $1,474,000 $1,107,301 $2,089,460 publication of notice of public hearing Extension (East) - Phase I, Contract No. ier on March 5, 1993, be received and and notice to bidders for 453, as published in the placed on file. Motion HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that City staff have met with residents in the area and based upon their input, they are recommending additional landscaping and fencing along the railroad right of way. In addition, access to the church was being enhanced. It was noted that a petition of opposition from four residents in the area has been received. Reverend Gary Cook, 416 Oneida Street, read a letter from Greg Bagsby, city employee, in opposition to the request. He opposed the project and asked that the City take a common sense approach to the situation, particularly for the neighborhoods in close proximity. He suggested that the homes be removed from the site. Reverend Cook likened the City's handling of the situation to the Watts area of Los Angeles. March 22, 1993 Page 5 Hearings - continued City staff reported that purchase of the homes, including relocation of the individuals would cost approximately $158,000, and to purchase just the four homes would cost approximately $80,000. If purchased, the homes would be appraised and a fair market value offered. If the City could not reach agreement with the property owners, a condemnation jury would determine the value. Reverend Cook said that personally if mediation measures were not provided for the four property owners, he would recommend against construction of the project. Councilperson Dell stated that he thought it would be a tragedy not to construct the street, which would greatly benefit the East Side of Waterloo. Cecilia Williams, 502 Mobile Street, objected to the project, although she is not being directly impacted by it. Councilperson Buck reiterated the suggestion that property owners be given the option to sell their own homes within one year, and if not sold within that time frame, the City would then review the situation and take appropriate action. Mr. Stevenson stated that since the federalgovernment would not be participating in the cost of any mediation efforts with the property owners, the project could proceed to bid letting as the project design would not be affected by the purchase of the properties. The City could, at a later date, make a decision on the purchase of the properties as the project develops. James Robison reminded the Council that he has on several occasions requested that the City purchase his mother's property located on Sumner Street near a tavern. He likened the situation of purchasing these homes along the right of way to that of his mother's. Moved by Budak, seconded by Lemke that "Resolution authorizing to proceed with said project", be adopted. Ayes: Four. Nays: Dell, Wright. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-164. UNFINISHED BUSINESS 100903 - Bob Stevenson, City Planner, stated that the contractor had met the specifications for Phase I of the Landscape Improvements along the Corridor. Ron Weber, 106 Bourland Avenue, questioned the number of trees being planted along the westerly side of West llth Street just north of the highway. Mr. Stevenson responded that 257 trees were being planted. Mr. Weber stated that he thought this was an overkill and questioned the need for such dense screening in the location described above. Moved by Buck, seconded by Fox that communication from City Planner transmitting recommendation of award of contract to Platt's, Inc. of Waterloo, Iowa in the amount of $69,250.00 in conjunction with Windows on Waterloo, Phase II, Landscape Improvement Project, Highway 218 Corridor, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-165. DOCUMENTS 100904 - Moved by Dell, seconded by Wright that communication from City Planner transmitting a contract with RUST Environment and Infrastructure Inc. for Phase I of the design and construction -related services in conjunction with the East Park Avenue ramp extension, with cost not to exceed $15,000, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-166. March 22, 1993 Documents - continued 100905 - Moved by Dell, seconded by Wright Page 6 that communication from City Planner transmitting Certification of Completion and Final Acceptance of Agreement Work performed by Claassen Engineering in conjunction with Independence Avenue Reconstruction, IX -6600(2)--79-07, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-167. 100906 - Moved by Dell, seconded by Wright that communication from City Planner transmitting agreement for Plan Update/Bid Letting with RUST Environment and Infrastructure Inc. in conjunction with Phase I, Donald Street (Highway 63 to Sage Road), with cost not to exceed $10,000, 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: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-168. RESOLUTIONS TO BE ADOPTED 100907 - Moved by Dell, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving F.Y. 1994 Operating Budget for Ridgeway Towers Apartments, 225 West Ridgeway Avenue, Project No. IA050003", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-169. 100908 - Moved by Dell, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, amending the Administrative Plan and Admission Policy Appendix #2 for the Waterloo Section 8 Housing Programs, IA05-E050-002/11 and IA05-V050-008/19", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-170. 100909 - Moved by Budak, seconded by Wright that "Resolution authorizing the preparation and submission of a State 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 (19th Year Community Development Block Grant Statement)", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-171. 100910 - Moved by Dell, seconded by Fox that "Resolution establishing budget appropriation for Waterloo Cable Commission for F.Y. 1995", be adopted. Prior to a vote on the above motion, the following discussion was heard. Chuck Angel, Chairperson of the Waterloo Cable Commission, stated that the Commission has attempted to receive additional funds from the cable franchise fees received by the City on an annual basis. Current year franchise fees of $180,000 have been dedicated to the City's general fund except for approximately $10,000 which has been budgeted for Cable Commission activities. The purpose of this resolution was to allow funding for Commission activities and expand the use of cable. Mr. Angel explained that he has donated many hours to the City in producing the City Council meetings and now felt it was the City's responsibility to fund a position to continue these efforts. March 22, 1993 Page 7 Resolutions to be Adopted - continued Larry P. Burger, Clerk/Auditor, stated that the proposed resolution should be done at budget time when all budget requests are being submitted. Allowing the adoption of such a resolution would be an open door for all other departments and/or commissions to make similar requests and commit future funds, which is not financially wise. He also stated that the approximately $35,000 that could be realized by the Commission by this resolution would result in an immediate need to cut $35,000 out of a general fund department. A motion was made by Budak that the resolution be amended to include any franchise fees which exceed $175,000 shall be appropriated to the Waterloo Cable Commission. Said motion died due to a lack of a seconder. Moved by Lemke, seconded by Dell that "Resolution establishing budget appropriation for Waterloo Cable Commission for F.Y. 1995", be tabled to April 12, 1993 and a work session of the Council be scheduled for April 12, 1993. Motion carried. 100911 - Moved by Buck, seconded by Dell that "Resolution authorizing and providing for the issuance of $4,775,000 General Obligation Bonds and levying a tax to pay said bonds", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-172. ORDINANCE TO BE ADOPTED 100912 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (3a) Park Avenue (E) to Section 566, Two Hour Parking Between 8:00 a.m. and 4:00 p.m. (two-hour parking limit in the 500 block of East Park Avenue)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Angel. Motion carried. 100913 - 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: Angel. Motion carried. 100914 - Moved by Dell, 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: Angel. Motion carried. 100915 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (3a) Park Avenue (E) to Section 566, Two Hour Parking Between 8:00 a.m. and 4:00 p.m. (two-hour parking limit in the 500 block of East Park Avenue)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3930. BILLS PAYMENT 100916 - Moved by Wright, seconded by Budak that "Resolution approving Schedule A918, pp. 1-47, in the amount of $1,098,942.25, dated March 22, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Abstain: Buck. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-173. March 22, 1993 NEW BUSINESS 100917 - Moved Fox, seconded by Wright Page 8 that communication from City Planner transmitting request to set new date of hearing on request of Earl Baugh dba Sery Quik Cleaners to rezone from "R-4" Multiple Family Residence District to "R-4" Multiple Family Residence District/"C- Z" Conditional Zoning property generally located at 3600 Kimball Avenue and rescinding Ordinance No. 3926 due to an error in the legal description, be received, placed on file and "Resolution setting date of hearing as April 12, 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: Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-174. 100918 - Moved by Fox, seconded by Wright that communication from Mayor Albert C. Manning, Jr. transmitting recommendation of appointment of Roger Slaughter and Harry McDermott to the Heating Board, with term expiration date of December 31, 1994, be received, placed on file and approved. Motion carried. 100919 - Moved by Fox, seconded by Wright that communication from Mayor Albert C. Manning, Jr. transmitting recommendation of reappointment of Alan Jacobsen and Ron Brown to the Heating Board, with term expiration date of December 31, 1994, be received, placed on file and approved. Motion carried. 100920 - Moved by Dell, seconded by Lemke that communication from Mayor Albert C. Manning, Jr. transmitting recommendation of appointment of James Boyd as Director of Human Rights Commission, effective March 23, 1993, be received, placed on file and approved. Ayes: Six. Absent: Angel. Motion carried. Travel Request 100921 - Moved by Fox, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cora Turner, Assistant Personnel Director, to attend Employment and Labor Law Update in Des Moines, Iowa on April 2, 1993, with costs not to exceed $100 plus milage. Motion carried. MISCELLANEOUS 100922 - 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 forwarded to the Iowa Beer and Liquor Control Department and application for fireworks display be received, placed on file and approved: 1. Beer License Permit Application Class B Byrnes Park Golf Course (Seasonal --4/1/93 Waterloo Professional Baseball, 850 Park (Includes Sunday Sales) South Hills Golf Course, 1830 E. Shaulis (Includes Sunday Sales) - 12/1/93)(Includes Sunday Sales) Road (Seasonal --3/20/93 - 9/20/93) Road (Seasonal --4/1/93 - 10/1/93) 2.. Beer License Permit Application Class C Wareco System, 1008 LaPorte Road (Renewal) (Expires Sales) Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 5/4/94) (Includes Way Sales) 4/19/94) (Includes Sunday March 22, 1993 Page 9 Miscellaneous - continued 3. Beer/Liquor License Permit Application Class C Ranglers, 3295 University Avenue (New Owner) (Expires 4/1/94) (Includes Sunday Sales) Waterloo Bowl -In, 120 Jefferson Street (Renewal) (Expires 3/29/94) (Includes Sunday Sales) 4. Beer/Wine License Permit Application Class E Clutes Highland Mkt., Inc., 909 Independence Avenue (Renewal) (Expires 4/4/94) (Includes Sunday Sales) 5. Application for Fireworks Display Waterloo Professional Baseball, 850 Park Road for April 9, 1993 at Waterloo Municipal Stadium Motion carried. BONDS 100923 - Moved by Wright, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 22, 1993, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 100924 - Moved by Buck, seconded by Wright that the Council adjourn at 9:22 p.m. Motion carried. Larry P. Burger City Clerk/Auditor