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HomeMy WebLinkAbout12/22/1986December 22, 1986 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 December 22, 1986. Mayor Bernard L. McKinley in the Chair. Roll call: Budak, Seeber, Lichty, Wright, Angel, Dowie and Miller. Invocation by: The Honorable Mayor Bernard L. McKinley. Pledge of Allegiance: Charles Greer, Preston Bradford and Carroll Wheaton Boy Scout Troop 12. of 89842 - Moved by Seeber, seconded by Wright that the Agenda, as amended, for the Regular Session of December 22, 1986, at 7:00 P.M., be accepted and approved. Motion carried. 89843 - Moved by Seeber, seconded by Wright that the Minutes of the Regular Session held December 15, 1986 at 7:00 P.M. be approved. Motion carried. HEARINGS 89844 - Moved by Dowie, seconded by Miller that proof of publication of notice of publi Financial Corporation to vacate a portion of Shuman Addition (2612 West -Ninth Street) as December 16, 1986, be received and placed on Motion carried. 89845 - HOLD HEARING --This being the time and place written and oral objections, and there were Moved by Wright, seconded by Angel that the recommendation of approval of the Planning, Programming & Zoning Commission be received and placed on file. c hearing on the request of Rothschild the flood control easement over Lot 3, published in the Waterloo Courier on file. of public hearing, the Mayor called for none. Motion carried. 89846 - Moved by Miller, seconded by Wright that "an Ordinance vacating a portion of a flood control easement over Lot 3, Shuman Addition (2612 West Ninth Street)", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 89847 - Moved by Seeber, seconded by Lichty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. December 22, 1986 HEARINGS (Continued) 89848 - Moved by Dowie, seconded by Miller that "an Ordinance vacating a portion of a flood control easement over Lot 3, Shuman Addition (2612 West Ninth Street)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 3467. 89849 - Moved by Miller, seconded by Lichty that proof of publication of notice of public hearing on the request to vacate, sell and convey a 16' alley lying between Hawthorne and Byron Avenues and between Wisconsin Street and LaPorte Road as published in the Waterloo Courier on December 5, 1986, be received and placed on file. Motion carried. 89850 - 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 Wright that the recommendation of approval of the Planning, Programming & Zoning Commission be received and placed on file. Motion carried. 89851 - Moved by Lichty, seconded by Wright that "an Ordinance vacating the 16' alley lying between Hawthorne and Byron Avenues and between Wisconsin Street and LaPorte Road", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 89852 - Moved by Lichty, seconded by Seeber that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 89853 - Moved by Seeber, seconded by Angel that "an Ordinance vacating the 16' alley lying between Hawthorne and Byron Avenues and between Wisconsin Street and LaPorte Road", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 3468. 89854 - Moved by Seeber, seconded by Miller that "Resolution authorizing the sale and conveyance of the above described alley to Doris McElhinney, 1902 Hawthorne Avenue; Dennis W. and Sandra L. Cox, 1901 Hawthorne Avenue; Don L. Griffin and Frank C. and Sharon J. Guild; Kevan J. and Shelley R. Cortwright, 702 Washington; Steven R. and Christine M. Benham, 615 S. Hackett Road; Virgil J. Carson, 2007 Byron Avenue; Richard J. and Mary Jo Schneider, 1925 Byron Avenue; James J. Jr. and Joyce E. Sweeney, 1915 Byron Avenue: Darol L. and Emma L. Bonwell, 1911 Byron; and John J. Foley, 621 Wisconsin Street", be adopted and City Attorney instructed to prepare and deliver deeds accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1986-691. December 22, 1986 Wirfrisk lllil► Page Three ORAL PRESENTATIONS 89855 - Mayor McKinley stated that he had been asked in a previous Council meeting to respond to a request of Kathy Oberle, 710 Forest Avenue, regarding the City's resolution asking the Board of Supervisors to abate the delinquent taxes against the former Rath Packing Company. Mayor McKinley stated that he had letters frau Jim Lindsey, Director of Community Development, Bill Sueppel, Assistant City Attorney, Ken Teisinger, Assistant County Treasurer, Bill Smith, attorney for the Community Development Board and Pete Burk, Assistant County Attorney assigned to the Board of Supervisors, all stating that it was the duty of the Board of Supervisors under the Iowa Code to abate said taxes. Kathy Oberle, 710 Forest, stated that in her opinion according to the order of the Bankruptcy Judge, the taxes should be paid and not cancelled. Bill Smith, attorney for the Community Development Board, stated that the order said "satisfy" and in his opinion the intent of the Bankruptcy Judge was to allow the City and the EDC to satisfy the taxes in any means that they feel is correct. Kathy Oberle asked that the City Council request an interpretation on the decision frau the Bankruptcy Judge. Attorney Smith stated that the intent of the Bankruptcy Judge was very clear in his mind on what he had stated previously. Kathy Oberle asked that the City Council pass a resolution requesting the judge to make that interpretation. Councilperson Miller stated that he would like to see issues like this placed on the agenda if a decision was to be made by the Council. Moved by Dowie, seconded by Miller that the above comments be received and placed on file. Motion carried. REPORTS 89856 - Moved by Dowie, seconded by Miller that the November, 1986 report of the Waterloo Housing Authority on Section 8 Existing Housing Certificate Program and Ridgeway Towers be received and placed on file. Motion carried. 89857 - Moved by Dowie, seconded by Miller that canmunication frau City Planner transmitting a request for staff development of a City lighting policy together with recanmendation to rearrange the street lighting pattern in the 1600 block of Newell Street as requested by Councilperson Willie Mae Wright on December 15, 1986, be received, placed on file, rearrangement approved and authorization given to commencement of a street lighting policy. Motion carried. AMENDED December 22, 1986 DOCUMENTS 89858 - Moved by Seeber, seconded by Miller that communication from Clerk/Auditor certificate of insurance from Iowa Arch with the City Hall window replacement and "Resolution approving said documents", instructed to execute same. Ayes: Seven Page Four transmitting the contract, bonds and', itectural Products, Inc., in conjunction caulking be received, placed on file, and be adopted and Mayor and Clerk/Auditor Resolution adopted and upon approval by Mayor assigned No. 1986-692. 89859 - Moved by Seeber, seconded by Miller that communication frau City Engineer transmitting the Annual Right -of -Way Assurance Statenent with the Iowa Department of Transportation, together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted and Mayor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1986-693. 89860 - Moved by Seeber, seconded by Miller that communication from City Planner transmitting contract for appraisal services for advanced acquisition with Albert B. Little for the Sixth Street Extension (IX -6604(2)--79-07), together with recanmendation 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. 1986-694. 89861 - Moved by Seeber, seconded by Miller that communication frau City Planner transmitting Agreement No. 87-1-071 with the Iowa Department of Transportation for Project -No. IX -218-7(59)--3P-07 for Relocated U.S. 218 --right-of-way for the relocation and construction of Cleveland Street, Ansborough Avenue and Rainbow Drive, together with recommendation of approval 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. 1986-695. 89862 - Moved by Seeber, seconded by Miller that communication from City Engineer transmitting the canpletion report and recommendation of acceptance for the F.Y. 1987 Sycamore Street Paving & Incidentals, Contract No. 301 for work completed by Youngblut Contracting, Inc., of Washburn, Iowa, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1986-696. 89863 - Moved by Seeber, seconded by Miller that communication frau City Engineer transmitting a maintenance bond frau Youngblut Contracting, Inc., of Washburn, Iowa, in conjunction with the F.Y. 1987 Sycamore Street Paving & Incidentals, Contract No. 301 be received and placed on file. Motion carried. December 22, 1986 DOCUMENTS (Continued) 89864 - Moved by Seeber, seconded by Miller Page Five• that communication from Senior Civil Engineer transmitting Change Order No. 2 for the F.Y. 1985 Street Reconstruction Program, Contract No. 283 for Cedar Valley Corporation for a net increase of $20,270.10, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89865 - Moved by Seeber, seconded by Miller. that communication from Senior Civil Engineer transmitting Change Order No. 2 for the F.Y. 1986 Street Reconstruction Program, Contract No. 290 for Cedar Valley Corporation for a net increase of $19,217.75, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89866 - Moved by Seeber, seconded by Miller that communication from Senior Civil Engineer transmitting Change Order No. 2 for the F.Y. 1987 West Third, Norton, Home Park Paving, Contract No. 295 for Youngblut Contracting, Inc., for a net decrease of $3,059.72, together with recanmendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89867 - Moved by Seeber, seconded ,by Miller that communication from Senior Civil Engineer transmitting Change Order No. 2 for the F.Y. 1986 Street Reconstruction Program 2, Contract No. 299 for Youngblut Contracting, Inc., for a net decrease of $90,565.47, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89868 - Moved by Seeber, seconded by Miller that communication from Associate Civil Engineer transmitting Change Order No. 2 for the F.Y. 1987 Texas Street Extension, Contract No. 300 for Youngblut Contracting, Inc., for a net decrease of $5,564.52, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89869 - Moved by Seeber, seconded by Miller that communication from Assistant City Engineer transmitting Change Order No. 2 for the F.Y. 1987 Sycamore Street Paving & Incidentals, Contract No. 301 for Youngblut Contracting, Inc., for a net increase of $4,009.25, together with reccm mandation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. December 22, 1986 DOCUMENTS (Continued) 89870 - Moved by Seeber, seconded by Miller Page Six that communication from Associate Civil Engineer transmitting Change for the F.Y. 1987 Franklin Street & Dubuque Road Pavement Maintenance, 303 for Toni Dolan Concrete Contractors, for a net increase of $18,722 with recanmendation of approval be received, placed on file, approved Clerk/Auditor authorized to execute same. Motion carried. Order No. 2 Contract No. .20, together and Mayor and 89871 - Moved by Seeber, seconded by Miller that canmunication from Associate Civil Engineer transmitting Change Order No. 2 for the F.Y. 1987 University Intersections Pavement Repair, Contract No. 304 for Toni Dolan Concrete Contractors, for a net increase of $1,868.07, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89872 - Moved by Seeber, seconded by Miller that communication from Senior Civil Engineer transmitting Change Order No. 2 for the F.Y. 1987 Asphalt Overlay Program, Contract No. 316 for Aspro, Inc., for a net decrease of $31,608.64, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 89873 - Moved by Seeber, seconded by Miller that communication from Personnel Department transmitting proposed salaries, fringe benefits and policies for non -bargaining employees together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 1986-697. RESOLUTIONS TO BE ADOPTED 89874 - Jim Lindsey, Director of Community Development, stated that the proposed Economic Development Adjustment Strategy Study would be funded 75% from Economic Development Administration funds and a matching 25% frau the Community Development funds. Mr. Lindsey continued that after reviewing five proposals and interviewing two firms, his Board would recanmend to the Council for the approval of the Midwest Research Institute, Inc., of Kansas City, Missouri. Councilperson Dowie expressed concern that after the study is complete that it would be shared throughout all of the economic development organizations of the City. Moved by Dowie, seconded by Seeber that "Resolution authorizing the Mayor and Clerk/Auditor to execute a contract with Midwest Research Institute, Inc., for the purposes of submitting an application to the Department of Commerce, Economic Development Administration for funding of an Econanic Development Adjustment Grant", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 1986-698. 'f►`Asys, AMENDED December 22, 1986 Page Seven RESOLUTIONS TO BE ADOPTED (Continued) 89875 - Moved by Dowie, seconded by Seeber that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and papers as provided in Section 372.13, paragraph 5, 1985 Code of Iowa", be adopted. Resolution adopted and upon approval of Mayor assigned No. 1986-699. 89876 Moved by Dowie, seconded by Seeber that "Resolution authorizing the cancellation of special assessments for garbage in the amount of $101.22 on property owned by the City of Waterloo acquired in conjunction with I-380 known as Lots 5, 6, and 7, Block 79, Riverview Addition", be adopted and Clerk/Auditor instructed to notify the County Treasurer accordingly. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 1986-700. BILLS PAYMENT 89877 - Moved by Miller, seconded by Angel that "Resolution approving Schedule A, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Dowie. Per Iowa Code Section 362.5 (1985). Resolution adopted and upon approval by Mayor assigned No. 1986-701. NEW BUSINESS 89878 - Moved by Dowie, seconded by Miller that communication frau Planning and Development Director transmitting request for re-establishment of the Downtown Self Supported Municipal Improvement District (SSMID) be received, placed on file and refer all petitions received in favor of said self-imposed tax to the Planning, Programming and Zoning Commission for review and "Resolution setting date of hearing as January 26, 1987 at 7:00 p.m. in the City Hall Council Chambers on proposal to consider the re-establishment of the SSMID", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1986-702. 89879 - Moved by Dowie, seconded by Miller that communication from Waterloo Water Works transmitting statement in the amount of $884.64 for water service line for property owned by Allen L. and Sylvia A. Grote, deedholder, and Anthony Syrus and Emily Marie Syrus, contract purchaser for property known as 424 Florence Street, be received, placed on file and "Resolution authorizing certification of said amount to said property for collection by the County Treasurer", be adopted and Clerk/Auditor instructed to notify the County Treasurer accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1986-703. 89880 - Moved by Dowie, seconded by Miller that communication from the Honorable Mayor recommendation on the reappointment of William Heating Board and appointment of Keith W. Jones year terms with expiration date of December 31, and approved. Motion carried. Bernard L. McKinley transmitting Nelson and Norman Pitts to the to the Heating Board for two (2) 1988, be received, placed on file December 22, 1986 NEW BUSINESS (Continued) 89881 - Moved by Dowie, seconded by Miller Page Eight that communication from the Honorable Mayor Bernard L. McKinley transmitting recommendation on the reappointment of Gene Yagla to the Park Board for six (6) year term with expiration date of January 1, 1993, be received, placed on file and approved. Motion carried. 89882 - Moved by Dowie, seconded by Miller that communication from the Honorable Mayor Bernard L. recommendation on the reappointment of Beverly Hinders Tros W. Ray Richardson to the Cable Commission for three (3) year date of December 1, 1989, be received, placed on file and ap Motion carried. 89883 - Councilperson Wright questioned the Mayor's logic in the recommendation for appointment of the Human Rights Commission. She stated that she had nothing against the appointments but questioned what his decision was based on. Ernie Boykin, 534 Boston, questioned the Council regarding the past procedures on selection of the committee members that were presented to the Council for the various committees. Mayor McKinley stated that the committee that had been established for the selection of commission and committee members was ineffective and the final recommendation still came from the Mayor's office with approval by the Council. Moved by Dowie, seconded by Angel McKinley transmitting t, Judith Fossell and terms with expiration proved. that communication from the Honorable Mayor recommendation on the re -appointment of Harri appointment of Reverend George M. Howard, Sr., Commission for three (3) year terms with expi received, placed on file and approved. Ayes: Motion carried. Bernard L. McKinley transmitting s Caeser and George Meeks and the and C. Joy Lowe to the Human Rights ration date of January 1, 1990, be Five. Nays: Wright and Miller. 89884 - Moved by Dowie, seconded by Miller that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests 1. James N. Lindsey, Community Development Administrator, to attend the Water Resources Congress Policy and Projects Committee meeting and board meeting in Denver, Colorado, on February 5 and 6, 1987; costs not to exceed $585.00. 2. Sergeant James Newton and Councilperson Tony Budak to attend the Urban Potential Seminar to be held January 8 and 9, 1987 in Waterloo, Iowa; costs not to exceed $175.00 each. 3. Police Officers, Civilian Jailers and Matrons to attend a one -day State Jail In -Service Training Session to be held in Waterloo, Iowa; costs not to exceed $612.00 Motion carried. December 22, 1986 Page Nine MISCELLANEOUS 89885 - Moved by Miller, seconded by Lichty that the following applications for Beer and Liquor License Applications be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer Permit Application Class C Paul & Gertrude Bratt dba Paul's Standard, 428 Franklin (Renewal) (Expires 01/15/88) (Includes Sunday Sales) Terry Roberts dba Pronto Market, 4335 Texas, (Renewal) (Expires 01/05/88) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C The Golden Dolphin, 301 West 4th Street (Renewal) (Expires 12/09/87 The Brothers, 118 Commercial (Renewal) (Expires 12/31/87) (Includes Sunday Sales) Players Lounge, 109 Oneida Street (Renewal) (Expires 01/07/80) Fire Lounge, 300 West Mullan (Old Location/New Owner) (Expires 01/04/88) (Includes Sunday Sales) 3. Liquor License Application Class E Great Dane, Ltd., dba The Waterloo Liquor Store, 1023 East 4th Street (New) (Expires 04/01/88) Richard G. Siech dba Siech's Varly Drug, Inc., 908 LaPorte Road (New) (Expires 04/01/88) Motion carried. 89886 - Moved by Miller, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk/Auditor through December 22, 1986, be received, placed on file and report and bonds approved. Motion carried. 89887 - Moved by Dowie, seconded by Angel that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor