HomeMy WebLinkAbout03/08/93March 8, 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 8, 1993. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke.
Invocation: A Moment of Silence
Pledge of Allegiance: Personnel Director Jim Rodemeyer
100828 - Moved by Buck, seconded by Wright
that the Agenda, as proposed, for the Regular Session on Monday, March 8, 1993,
at 7:00 p.m., and the Minutes of the Special Session on Tuesday, February 16,
1993 at 4:00 p.m., and the Minutes of the Regular Session on Monday, March 1,
1993, at 7:00 p.m., be accepted and approved. Motion carried.
HEARINGS AND BIDS
100829 - Moved by Wright, 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 Windows on Waterloo, Phase
II, Landscape Improvement Project, Highway 218 Corridor, as published in the
Waterloo Courier on February 19, 1993 be received and placed on file. Motion
carried.
100830 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
100831 -
Bob Stevenson, City Planner, stated that Phase II of the Windows on Waterloo
Landscaping Plan includes planting in the Highway 218 Corridor median from 13th
Street to the 6th Street viaduct. The City's cost for the project is $20,000
and funds will be used from General Obligation bonds. The project is expected
to be completed by June 1, 1993.
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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-130.
Moved by Angel, seconded by Buck
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-131.
100832 - Moved by Dell, seconded by Budak
to receive, file and instruct Clerk/Auditor to open and read bids and refer to
City Planner for review and recommendation (award of bid was delayed):
Bidder Bid Bond Bid Amount
Earl May Nursery & Garden Center, Waterloo, IA 5% $94,129.00
Haugen Contractors, Forest City, IA 5% $93,428.00
Platt's Inc., Waterloo, IA $3,463.00 $69,250.00
Motion carried.
100833 - Moved by Buck, 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 Hazardous Material Regional
Training Center, Waterloo Fire Rescue, Phase 2, as published in the Waterloo
Courier on February 19, 1993, be received and placed on file. Motion carried.
100834 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
March 8, 1993 Page 3
Hearings - continued
Howard Alien, applicant of the request, stated that he has acquired signatures
from 100 persons who approve his request. Council Members informed Mr. Allen
that they would be unable to approve his request with such a high percentage
of the property owners opposing his request. Bob Stevenson, City Planner,
stated that the applicant needs to submit a petition in favor of the request
from owners of at least 89.5 percent of surrounding property within 250 feet
of the applicant. Mr. Allen asked that his request be tabled for two weeks to
give him time to acquire the necessary signatures.
Moved by Buck, seconded by Dell
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 and request be tabled until March 22, 1993. Motion carried.
100839 - Moved by Wright, seconded by Budak
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. 63
North), as published in the Waterloo Courier on February 23, 1993, be received
and placed on file. Motion carried.
100840 - 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 adjourned to March 22, 1993 due to an error in the legal
description published for tonight's hearing. Motion carried.
UNFINISHED BUSINESS
100841 - Councilperson Fox stated that he wished to apologize to the Mayor. Since last
week, he has found out that at least one-half of the Mayor's appointments have
been new applicants. He stated that 50 percent is very commendable and that
maybe a better line of communication is needed between the Mayor and the
Council. Mayor Manning stated that in many cases, there are not any new
applicants or sometimes appointment of a new person would disrupt the diversity
(females, minorities, etc.) of the board or commission. Mayor Manning stated
he would try to give the Council more information on appointments to boards and
commissions. Councilperson Lemke stated that he would like to look at the
length of time an appointee has been on a commission or board and the
attendance record. Mayor Manning stated that the Planning, Programming and
Zoning Commission has nine males and four females. Councilperson Dell
questioned whether the Mayor needed approval of the Council of his appointments
to boards and commissions. Jim Walsh, City Attorney, stated that the Mayor
does need approval of the Council.
Councilperson Buck called for the question.
Moved by Buck, seconded by Fox
that the question was called to end discussion on above appointments. Ayes:
Seven. Motion carried.
100842 - Moved by Fox, seconded by Budak
that communication from Mayor Al Manning transmitting recommendation of
reappointment of Thomas Langlas, Ken Lockard and Wallace Stokes, Jr. to the
Planning, Programming and Zoning Commission, with term expiration date of
February 7, 1996, be received, placed on file and approved. Motion carried.
REPORTS
100843 - Moved by Buck, seconded by Budak
that communication from Clerk/Auditor transmitting request of March of Dimes
Birth Defects Foundation to hold annual Waterloo/Cedar Falls WalkAmerica event
on Saturday, May 1, 1993 beginning and ending in George Wyth State Park, be
received, placed on file and approved. Motion carried.
March 8, 1993
RESOLUTIONS TO BE ADOPTED
100850 - Moved by Budak, seconded by Buck
Page 5
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of $4,775,000
General Obligation Bonds for an Essential Corporate Purpose", be adopted and
Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-139.
100851 - Moved by Budak, seconded by Buck
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of not to exceed
$50,000 of General Obligation Bonds for an Essential Corporate Purpose (former
Rath Packing Company)", be adopted and Clerk/Auditor instructed to publish
notice of hearing of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-140.
100852 - Moved by Budak, seconded by Buck
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of not to exceed
$50,000 of General Obligation Bonds for a General Corporate Purpose (compliance
with ADA in city buildings)", be adopted and Clerk/Auditor instructed to
publish notice of hearing of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-141.
100853 - Moved by Budak, seconded by Buck
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of not to exceed
$50,000 of General Obligation Bonds for a General Corporate Purpose (public
library)", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-142.
100854 - Moved by Budak, seconded by Buck
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of not to exceed
$75,000 of General Obligation Bonds for a General Corporate Purpose (parking
lot)", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-143.
100855 - Moved by Budak, seconded by Buck
100856 -
that "Resolution fixing date of hearing as April 5, 1993 at 7:00 p.m. in the
City Hall Council Chambers on the proposition of the issuance of not to exceed
$75,000 of General Obligation Bonds for a General Corporate Purpose (fire
stations)", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-144.
ORDINANCE TO BE ADOPTED
Moved by Buck, seconded by Wright
that petitions in support of the re-establishment of Downtown Self -Supported
Municipal Improvements District (SSMID) representing approximately 73 percent
of the property value and 58 percent of the property owners in said district
be received and placed on file. Motion carried.
March 8, 1993
Page 7
Travel Requests - continued
1. Sang -Ki Han, Assistant City Attorney, to attend Improving Your Legal
Writing seminar in Iowa City, Iowa on April 3, 1993, with costs not to
exceed $172.50.
2. John Kehoe, Chief Electrical Inspector, to attend 55th Annual Educational
& Business Meeting of Iowa Chapter International Association of
Electrical Inspectors in Iowa City, Iowa on March 31 -April 2, 1993, with
costs not to exceed $200.12, including the use of city vehicle.
3. Larry Johnson, Steven Frost, David Taylor and Randy Chapman, Police
Officers/Canine Handlers, to attend Canine Handlers and Police Dogs
Recertification School and Training in Lincoln, Nebraska on April 27-30,
1993, with costs not to exceed $621.25 each, including the use of city
vehicle.
Motion carried.
MISCELLANEOUS
100865 - Moved by Buck, seconded by Budak
100866 -
100867 -
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/Wine License Permit Application
Class E
Hy -Vee, 4000 University Avenue (Renewal) (Expires 3/15/94) (Includes
Sunday Sales)
S & S Meats, 930 West 5th Street (Renewal) (Expires 3/7/94) (Includes
Sunday Sales)
Midtown Foods, 710 Broadway (Renewal) (Expires 3/18/94) (Includes Sunday
Sales)
2. Beer/Liquor License Permit Application
Class C
Park Road Inn, 306 Park Road, (Renewal) (Expires 3/13/94) (Includes
Sunday Sales)
Babes Tap, 210 Division (Renewal) (Expires 3/15/94)
3. Liquor License Permit Application
Class E
Hy -Vee, 4000 University Avenue (Renewal) (Expires 3/15/94) (Includes
Sunday Sales)
Motion carried.
BONDS
Moved by Angel, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through March 8, 1993, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
Robert Lash, 930 Riehl Street, discussed his application for garbage exemption
for calendar year 1993. He stated that he received a bill from the Water Works
on February 8, 1993 for services provided between October 1992 and January
1993. Mr. Lash did not fill out an exemption form in the Clerk/Auditor's
office until February 24, 1993. He asked that the Council waive the garbage
charge on the February bill as part of the bill was for services rendered
during 1992 when he was exempt from garbage services.
Michelle Temeyer, Deputy Clerk/Auditor, stated that Mr. Lash has spoken with
her office several times concerning this item. It was explained to Mr. Lash
that garbage and sewer exemption forms must be filed with the Clerk/Auditor's
office prior to January 1 of each year to be effective on their next bill.
This item will appear on the Finance agenda of March 15, 1993 for
consideration.
March 8, 1993 Page 2
100835 -
100836 -
Hearings and Bids - continued
Fire Chief Stan Stapella stated that Phase 2 of the Hazardous Material Regional
Training Center includes construction and renovation of the school and site
development. There is a base bid with nine alternates.
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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-132.
Moved by Fox, seconded by Angel
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-133.
Moved by Budak, seconded by Lemke
to receive, file and instruct Clerk/Auditor to open and read bids and refer to
City Engineer for review and recommendation (award of bid was delayed):
Cardinal Huff Larson Prairie Youngblut
Const. Const. Const. Const. Const.
Base Bid $623,850 $615,442 $638,291 $637,566 $641,500
Alternate #1 12,800 19,100 16,346 19,970 18,445
Alternate #2 10,300 10,100 9,558 10,565 10,499
Alternate #3 7,770 10,400 8,661 8,250 7,560
Alternate #4 14,310 12,900 17,173 12,460 14,790
Alternate #5 19,100 18,300 26,232 18,125 22,412
Alternate #6 1,135 1,200 1,443 1,230 1,151
Alternate #7 13,430 12,400 17,082 13,680 16,983
Alternate #8 15,490 13,900 18,875 15,140 17,411
Alternate #9 1,310 1,300 1,198 1,360 1,330
Bid Bond 5% 5% 5% 5% 5%
Motion carried.
HEARINGS
100837 - Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on
February 23, 1993, be received and placed on file. Motion carried.
100838 - 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 the request to rezone from "R-2" One
and Two Family Residence District to "R-2" One and Two Family Residence
District/"C-Z" Conditional Zoning is for property generally located on the
south side of Williston Avenue, west of the Suzy Q Ice Cream Store located at
1206 West Ninth Street to provide for five (5) parking spaces and a drive -up
lane on the vacant lot to the west of the Suzy Q Ice Cream Store. The
Planning, Programming and Zoning Commission approved the request subject to the
following conditions: 1) A 62 foot buffer on the south side of the lot and 23
foot buffer on the west side of the lot, 2) No more than five (5) parking
spaces to be provided on the lot, 3) Solid fencing and planting of trees along
south and west sides of the lot, 4) All lighting to reflect away from
surrounding residences, and 5) A drainage plan approved by the City Engineering
Department. Petitions are on file opposing the request from the owners of
approximately 89.5 percent of the surrounding property within 250 feet of the
applicant's site requiring a 3/4 vote of the Council.
March 8, 1993
DOCUMENTS
100844 - Moved by Buck, seconded by Budak
Page 4
that communication from Public Works Director transmitting Contract for
Engineering Services with RUST Environmental and Infrastructure, Inc. in
conjunction with the Iowa Local Government Energy Bank Grant and Loan Program,
together with recommendation of approval, be received, placed on file and
"Resolution approving said contract", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-134.
100845 - Moved by Buck, seconded by Budak
100846 -
that communication from City Engineer transmitting Statement of Completion and
Final Acceptance of Work performed by Aspro Inc. and Subsidiaries in
conjunction with F.Y. 1991 Daniel Drive Construction, Contract No. 416, RISE
RM -8155(9)--9D-07, be received, placed on file and "Resolution approving said
document", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-135.
John Meyer, Public Works Director, stated that the drop-off locations will be
ready to accept recyclable materials on May 1, 1993. Councilperson Angel
stated that citizens are ready and willing to start the recycling program.
Moved by Buck, seconded by Budak
that communication from Public Works Director transmitting Contract with
Corkery Recycling Services for operation of a central processing and transfer
facility and neighborhood drop-off locations to handle reclaimed recyclable
materials, together with recommendation of approval, be received, placed on
file and "Resolution approving said contract", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-136.
100847 - Jim Rodemeyer, Personnel Director, stated that the contract is for a 3 -year
period with the health insurance package the same as negotiated for other City
employees. A 1 percent wage increase will take effect on July 1, 1993 with a
wage reopener for the second and third year of the contract.
Moved by Buck, seconded by Budak
that communication from Personnel Director transmitting recommendation to
authorize the Mayor to sign and execute a collective bargaining agreement
between the City of Waterloo and Communication Workers of America, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-137.
100848 - Moved by Buck, seconded by Budak
that communication from Planning and Development Director transmitting
recommendation of award of appraisal services contract to Jones Appraisal
Services Inc. in the amount of $1,250.00 for property located at 1304 Lafayette
Street in conjunction with Powers Manufacturing Expansion Tax Increment
Financing District, be received, placed on file and "Resolution approving said
award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-138.
100849 - Moved by Buck, seconded by Budak
that communication from Assistant City Engineer transmitting the plans for the
paving and storm sewer for CEDAR HILLS REPLAT NO. 1, as submitted by Schenk
Engineering Company, together with recommendation of approval, be received,
placed on file and approved. Motion carried.
March 8, 1993
Ordinance to be Adopted - continued
100857 - Moved by Fox, seconded by Dell
Page 6
that "an Ordinance re-establishing the Downtown Self -Supported Municipal
Improvements District (SSMID)" be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3929.
BILLS PAYMENT
100858 - Moved by Angel, seconded by Fox
100859 -
that "Resolution approving Schedule A918, pp. 1-48 in the amount of
$1,468,519.58, dated March 8, 1993, copies of which are on file in the
Clerk/Auditor's office", be adopted. Ayes: Six. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1993-145.
NEW BUSINESS
Moved by Buck, seconded by Budak
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. for F.Y. 1993 Street Reconstruction Program, Contract No. 445, be
received, placed on file and approved. Motion carried.
100860 - Moved by Buck, seconded by Budak
that plans, specifications, form of contract,
Reconstruction Program, Contract No. 445, be
"Resolution preliminarily approving the same",
Resolution adopted and upon approval by Mayor
100861 - Moved by Buck, seconded by Budak
etc., for the F.Y. 1993 Street
received, placed on file and
be adopted. Ayes: Seven.
assigned No. 1993-146.
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 5, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-147.
100862 - Moved by Buck, seconded by Budak
that communication from City Planner transmitting authorization to request
proposals for sale of Disposal Parcels 355E and 358D (aka Leroy's DX) at the
intersection of W. Ninth and Washington Streets and publication of same, be
received, placed on file and "Resolution authorizing City Planner to seek
Request for Proposals", be adopted and Clerk/Auditor instructed to publish
notice to bidders. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-148.
100863 - Moved by Buck, seconded by Budak
that communication from City Engineer transmitting request to reduce the final
assessment for 718 Cloverdale from $50 to $16.64 in conjunction with F.Y. 1990
Sidewalk Repair Assessment Program - Zone 1, Contract No. 382, be received,
placed on file and "Resolution approving said request", be adopted and
Clerk/Auditor instructed to notify the County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor
Travel Requests
100864 - Moved by Buck, seconded by Budak
assigned No. 1993-149.
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
March 8, 1993 Page 8
Oral Comments - continued
Councilperson Lemke stated he would like to have monthly billings available to
customers. Michelle Temeyer, Deputy Clerk/Auditor, stated that monthly billing
is available to customers at their request. A considerable cost is involved
with the additional postage. Landlords can have the bills mailed directly to
them to make sure tenants are up to date.
Mel Smelser, 2235 Temple Avenue, stated that the City should encourage small
business. Mr. Smelser was referring to the request on tonight's agenda to
rezone property located on the south side of Williston Avenue, west of the Suzy
Q. Ice Cream Store at 1206 West Ninth Street. He stated that this property was
an eyesore before Mr. Allen became the owner. Mayor Manning stated that the
reason the Council could not approve the request was because of the petitions
opposing the request from the owners of approximately 89.5 percent of the
surrounding property within 250 feet of the applicant's site. Mr. Allen needs
to visit with his neighbors so that they understand exactly what is involved
in his request.
Councilperson Angel stated that she has had many pot hole complaints. John
Meyer, Public Works Director, stated that we are having so much problem with
pot holes because of the warm days and cold nights, and that the Street
Department is patching the pot holes as quickly as they can.
Mayor Manning discussed unfunded state mandates and the affect it has on the
City's budget noting the increase of $1.1 million next year of the police and
fire pension. Also, during collective bargaining, the state mandates that an
arbitrator will make the final decision. No one person should have that much
power. Our local representatives think the law works and does not need to be
changed. We are caught between the state and citizens. We need to inform our
citizens and ask for their help in informing our representatives of what state
mandates are doing to local governments.
Moved by Buck, seconded by Wright
that the above oral comments be received, placed on file and the Council
adjourn at 8:20 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor