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HomeMy WebLinkAbout08/14/1989The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on August 14, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Jim Rodemeyer, Personnel Director 94320 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on August 14, 1989, at 7:00 p.m. and the Minutes of the Regular Session on August 7, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 94321 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Kirk Ney to vacate a portion of the platted utility and drainage easement located at 3356 Mt. Vernon Drive, as published in the Waterloo Courier on July 28, 1989, be received and placed on file. Motion carried. 94322 - 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 Brown, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 94323 - Moved by Dell, seconded by Budak that "an Ordinance vacating a portion of the platted utility and drainage easement located at 3356 Mt. Vernon Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94324 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 94325 - Moved by Wright, 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: Buck. Motion carried. 94326 - Moved by Dell, seconded by Budak that "an Ordinance vacating a portion of the platted utility and drainage easement located at 3356 Mt. Vernon Drive", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3658. 94327 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of City Engineering Department to vacate city sidewalks in the vicinity of Broadway & Parker and Conger and Reed, as published in the Waterloo Courier on July 28, 1989, be received and placed on file. Motion carried. 94328 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. August 14, 1989 Page 2 Hearings - continued Bob Stevenson, City Planner, reported that the Planning, Programming and Zoning Commission had recommended the vacation of said sidewalks to improve safety conditions by reducing the potential for pedestrian conflicts with vehicular and railroad traffic. The remaining sidewalks in the area will adequately serve the public and provide a safer system for pedestrian use. The removal will also eliminate the need for maintenance of these sidewalks. Moved by Brown, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. 94329 - Moved by Budak, seconded by Dell that "an Ordinance vacating city sidewalks in the vicinity of Broadway & Parker and Conger and Reed", be received, placed on file, considered and passed for the fist time. Ayes: Six. Absent: Buck. Motion carried. 94330 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 94331 - Moved by Dell, seconded by Fox 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: Buck. Motion carried. 94332 - Moved by Fox, seconded by Dell that "an Ordinance vacating city sidewalks in the vicinity of Broadway & Parker and Conger and Reed", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3659. 94333 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of IPS to transfer ownership of the Cedar River Dam located at the Park Avenue bridge to the City, as published in the Waterloo Courier on August 8, 1989, be received and placed on file. Motion carried. 94334 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reported that the Planning, Programming and Zoning Commission reviewed and recommended approval of this request. The Commission had reviewed several alternatives including: 1) remove dam and associated equipment, 2) replace flashboards and frames, 3) remove boards and frames, remove and reform fish ladder, remove the manned bucket and trolley towers, and remove the buildings in the middle of the river and on the west side making it a run of the river dam, but with no way to increase the level of the river, and 4) remove boards and frames, remove manned bucket and trolley tower, remove buildings in the middle of the river and on the east side, plus raise dam with a permanent two -foot cement elevation above the present concrete with no gates or bypass to ever lower the water level. It was determined that alternate four was the most feasible and realistic. L. C. Hennessey, 319 Belmont Avenue, presented his viewpoints on the transfer of the dam. Tom Watt, Vice President of IPS, stated that the dam was being offered to the City in good faith and maintenance free. The dam is no longer needed for the generation of electrical power. Following an extensive study by Brice, Petrides -Donohue, IPS will convey the dam to the City with all repairs made. August 14, 1989 Page 3 Hearings - continued Councilperson Wright questioned the meaning of "maintenance free". Mr. Watt explained that the most pressing problem for the City will be keeping debris from the dam area. Mayor McKinley asked what IPS would do if the City were to refuse the conveyance. Mr. Watt stated that they would get by as reasonably as possible and spend as little money as possible on the maintenance of the dam. With the conveyance after repair, he stated that it is a "win-win situation" for everyone. Councilperson Brown stated that the City has a greater interest in maintaining the river than IPS. It is also the goal of the City to get the river back in a useable state. He also explained that IPS has been checking with the appropriate state and local agencies for the conveyance and did participate in an extensive study by Brice, Petrides -Donohue. Mr. Watt added that the appropriate permitting procedures that the Department of Natural Resources must be completed. Councilperson Brown also spoke of the need to beautify the river, particularly in the Sans Souci Island area. Councilperson Dell asked what other option IPS had reviewed prior to the decision to convey the dam to the City. Mr. Watt reported that other alternatives had been reviewed. Ed Gerlich, Engineer for IPS, provided technical information. Mayor McKinley stated that there are some major benefits to the conveyance of the dam. These include the fact that the dam area will be cleared, the boards repaired and the cars painted. Additionally, the two foot crest will also allow for greater recreation of the river. If nothing is done, IPS will do with the dam what is in their best interest and continue to have the liability of the dam. Tom Watt stated that this is a perfect time to repair the at one of its lowest levels in its history. A letter of support from Eric Ritchie, Manager at the Works, was read into the record. L.C. Hennessey, 319 Belmont Avenue, asked that action on for one week. dam as the water is Waterloo John Deere this item be tabled Larry Aschbrenner, 118 Sans Souci Drive, presented a petition of area residents encouraging the conveyance of the dam to the City. He also reiterated that Sans Souci residents desire to encourage the City to make the Cedar River navigable again. Discussion was heard on the placement of the wing dam and the resulting lower river levels that have resulted in the channel. Dave Van Dee, Executive Director of the Waterloo Redevelopment Authority, reported that the Authority concurs in the conveyance of the dam. Moved by Dell, seconded by Wright that the hearing be closed and the above oral and written comments be received and placed on file. Motion carried. 94335 - Moved by Brown, seconded by Dell that "Resolution authorizing said transfer", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-416. 94336 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on FY 1990 Sidewalk Repair Program --Zone 1, Contract No. 382, as published in the Waterloo Courier on August 1, 1989, be received and placed on file. Motion carried. August 14, 1989 Page 4 Hearings - continued 94337 - Moved by Angel, seconded by Wright to receive and file petitions from Keith and Donna Beyer, Rodney and Susan Rowland, Scott Marvey, Howard and Gladys Grimm against repair of sidewalks. Motion carried. 94338 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Al Manning, 919 Fairview Avenue, reported that his assessment was $2,452.80. He stated that the City's standards are too stringent and that his sidewalk does not present a hazard to pedestrians. He addressed several issues including the fact that the cost to the City and residents was too high. This program was placing a considerable financial hardship on many. He also indicated that the City has existing liability insurance to protect itself from a lawsuit and indicated that the program was happening too fast and "an overkill". He also asked why property owners without sidewalks were not being forced to install sidewalks. He stated that it is just as dangerous to walk on a grass area as it is to walk on a sidewalk. He suggested that the City do the worse sidewalks first, and with the help of various City employees, do a quick response repair program rather concentrate on specific geographical areas of the City each year. He also indicated that he had not received adequate notice of the hearing. Mr. Manning indicated that he had spoken previously to two Councilpersons on the issue. He asked that the Council give consideration to the financial hardship created by this program. Harold Truax, 636 Conger Street, reported that when the streets and sidewalks in the Chautauqua Park area were repaired under the Urban Renewal Program, inferior products were used. At that time, he had summoned City officials to the area to show them the work product. Mayor McKinley stated that the City would allow patching materials to be used instead of the expensive process of replacing entire sections of sidewalk. He also explained that if the City had an inspection program in effect, the liability in the case of a lawsuit would be greatly lessened. City Attorney Hugh Field stated that the Iowa State Legislature had adopted a law stating that if a City has a reasonable inspection program and enforces it, the liability on the part of a city would be lessened. The City's current sidewalk ordinance states that the property owner is liable for the repair and maintenance of adjacent sidewalks. Mr. Truax stated that the City should be responsible for the bad aggregate that was placed at the time the sidewalks and streets were constructed. Bill Gronen, 418 Longfellow Avenue, presented a written objection for the need of repairing the sidewalk at 418 Longfellow Avenue. Also submitted were photographs of the sidewalk. Dee Ann Francis, speaking on behalf of Richard Schmidt at 1010 Ackermant Street, stated that the sidewalk being assessed is not used and should be deleted. It is on a dead-end street. Rod Rowland, 614 Riverside Drive, challenged the repairs suggested by the City and showed pictures of same. He indicated that in Chautauqua Park area the sidewalks are extensions of the street and used as same. He asked what the review process would be if a property owner objects to the repairs being proposed. Eric Thorson, City Engineer, stated that as time permits, individual cases will be reviewed. Mr. Thorson presented an historical perspective of the Chautauqua Park area. In 1975, various streets and sidewalks were repaired in the area funded with Urban Renewal monies. At the time of the hearing, property owners objected to the proposed improvements and certain streets were deleted from the program. August 14, 1989 Page 5 Hearings - continued City Attorney Hugh Field stated that in reviewing exceptions to the ordinance, the Council must apply a uniform standard and not generate immunity from them. In response to a question from Mayor McKinley, Mr. Field stated that sidewalks most generally are dedicated as a part of a subdivision and are for public use. The same standards are applied to the dedication of sidewalks as are to streets. Terry Blandford, speaking on behalf of the property owner at 406 Poplar Avenue, stated that the sidewalk has sank due to no fault of the property owner. Bob Mueller, 314 Poplar Avenue, reported that both City garbage trucks and IPS trucks use the sidewalks in the Chautauqua Park area as a street, which has caused damaged to their sidewalks. Scott Harvey, 700 Riverside Drive, indicated that the streets in the area need repair before the sidewalks. As a part of the Urban Renewal Project years ago, sections were left unfinished. He also indicated that sidewalks do not serve a vital purpose in the area and that he would be willing to replace the sidewalk with turf. Carol Petersen, 406 Poplar Avenue, reported that she had purchased her home within the last year and had carefully reviewed the neighborhood including street and sidewalk conditions. She felt that a logical person would, in no way, think that the sidewalks were in need of repair at that time or currently. She indicated that the City had an unreasonable standard for repair and that property owners should not be penalized for someone else using the sidewalks as in the Chautauqua Park area. Eric Richmond, speaking on behalf of his sister Eleanora Junker, 733 Kern Street, reported that a tree has caused her sidewalk problems. Mayor McKinley reported that the Park Department would review this situation. Larry Aschbrenner, 118 Sans Souci Drive, suggested that the sidewalk ordinance needs more revising and disagreed with the repairs being proposed. Harold Dicks, father of a resident residing at 917 Newton Street, did not understand the City markings on the sidewalk and the need for repair. It was reported that the only repair needed at this address was patching. Greg Hovattel, 719 Avon Street, disagreed with the repairs being proposed by the City and presented pictures of same. Leo Einck, 1243 Eleanor Drive and owner of property at 1005 Fairview Street, reported a problem with a tree causing the sidewalk to be raised. This will be reported to the Park Department. Sue Rowland, 614 Riverside Drive, challenged the ratings given to the sidewalks by City inspectors. She encouraged City crews to practice continuity in their inspection decisions. Will Henderson, 147 Kern Street, asked improvements. Much of the community is He asked that the Council reconsider its program. whether the public can afford these in a desperate financial positions. action to implement a sidewalk repair Paul McGram, 124 Avon Avenue, asked for clarification on the repairs being proposed. Leon Mosley, 99 John Street and representing Prairie Park Apartments, objected to the proposed repairs on Donald Street. He indicated that within five years, the City has indicated that they will be widening Donald Street and tearing out the sidewalk. He suggested that the City not nitpick the situation and instead take measures to take care of the problem. Councilperson Dell reiterated the need for an ordinance but indicated the City should have a procedure in dealing with exceptions and still remain within the legal framework of the ordinance. August 14, 1989 Page 6 Hearings - continued Leon Mosley asked if the City has had any lawsuits filed against them within the last 30 days for disrepair of sidewalks. Hugh Field, City Attorney, stated that a lawsuit was filed on a case near Lincoln Park. Discussion ensued between Mr. Mosley, Mr. Field and Mayor McKinley concerning the many priorities of the City and the sales tax referendum. Mary Ann Pierce suggested that the City concentrate its efforts on bad street rather than sidewalk repairs. Moved by Brown, seconded by Budak that the hearing be closed and the above oral and written comments be received and placed on file. Motion carried. 94339 - Councilperson Angel suggested delaying actions on this program for one week. Mr. Field reminded the Council that the objectors tonight represented approximately 2 percent of the total number of notices mailed. Al Manning asked that the Council focus on the legal liability for repairs. He indicated that the City and property owners would be spending entirely too much money in comparison with the small award in Dubuque that prompted the Council's action to draft an ordinance. Mr. Field reminded the Council that they both have a legal and social responsibility to its citizens to protect their safety and welfare. Moved by Dell, seconded by Brown that authorization be given to proceed with the Sidewalk Repair Program and that the staff review the exceptions that have been presented tonight and with the Council reviewing the streets in the Chautauqua Park and Donald Street areas and making a decision within two weeks, be received, placed on file and "Resolution approving same" be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-417. Mayor McKinley complimented Councilperson Brown, Dell and Angel, as City staff, for their efforts in answering citizenry concerns. encourage staff to deal with the above exceptions face to face. complimented the audience for their presentations this evening. well as He also He also UNFINISHED BUSINESS 94340 - Moved by Dell, seconded by Angel that "Resolution authorizing the award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $74,900.00, in conjunction with the Exchange Park Asphalting", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-418. 94341 - Moved by Dell, seconded by that the bid for the FY rejected and said project carried. Angel 1990 Salt Storage Building, Contract No. 381, be be rebid in mid -winter or early spring. Motion PETITIONS FROM PUBLIC 94342 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of John Deere for a waiver of the building moratorium on Relocated Highway 218 to construct a gatehouse 300 feet off of Westfield and Cleveland Avenue, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as August 21, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted ar"'upon approval by Mayor assigned4o. 1989-419. August 14, 1989 Page 7 Petitions from Public - continued 94343 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Prairie Construction Co. for a waiver of the building moratorium on Relocated Highway 218 to rebuild a building and construct an addition to existing building, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as August 21, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-420. 94344 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Dave Hershberger to purchase vacated Easton Avenue located between I380/218 and Texas Street, be received, placed on file and "Resolution setting date of hearing as August 28, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-421. 94345 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of United Auto Workers Local 838 for a waiver to the building moratorium on Relocated Highway 218 to purchase a parcel of City -owned property located south of Mitchell Avenue to further develop their multi -functional labor park, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as August 21, 1989 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-422. 94346 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Ryder Truck Stop, LaPorte Road and Locke Avenue, for a waiver to the building moratorium to construct a truck stop and to purchase vacated Easton Avenue east of U.S. 218, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as August 21, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-423. 94347 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Dave Hershberger to purchase property located on the north side of Locke Street, west of Texas Street, be received, placed on file and "Resolution setting date of hearing as August 28, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-424. 94348 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting signing request of Manager of Falls Road Drug to temporarily place signs on the north side University Avenue at its intersection with Wallgate; north side of University at its intersection with Magnolia Parkway; and the east side of Ansborough at its intersection with Janney, together with recommendation of approval subject to hold harmless stipulation, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-425. August 14, 1989 Page 8 Petitions from Public - continued 94349 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting request from Fred Carlson Co. for a variance to the noise ordinance to conduct sawing operations in conjunction with Ansborough Avenue, IX -6615(7)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-426. REPORTS 94350 - Moved by Angel, seconded by Brown that Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program --August, 1989, be received and placed on file. Motion carried. DOCUMENTS 94351 - Moved by Brown, seconded by Angel that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by Iowa Public Service Co., Electric Division, in conjunction with Ansborough Avenue Bridge, IX -6615(4)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-427. 94352 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from E. B. Spencer Engineering Company of Waterloo, Iowa in the amount of $1,387,000.00 in conjunction with F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-428. 94353 - Moved by Brown, seconded by Angel that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Youngblut Contracting, Inc. of Washburn, Iowa in the amount of $56,020.80 in conjunction with F.Y. 1989 Easton Avenue Bridge Repairs, Contract No. 371, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-429. 94354 - Moved by Brown, seconded by Angel that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Tom Dolan Concrete Contractor of Waterloo, Iowa in the amount of $53,063.00 in conjunction with F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 380, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-430. August 14, 1989 Page 9 Documents - continued 94355 - Moved by Brown, seconded by Angel that communication from City Planner transmitting recommendation of award of Asbestos Removal Contract A -89(A) to Cyclone Steeple Jacks, Inc. of Nevada, Iowa in conjunction with Sixth Street Extension, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-431. 94356 - Moved by Brown, seconded by Angel that communication from Clerk/Auditor transmitting recommendation on award of 3 -year contract for fire and extended coverage insurance for property owned and operated by the City to Vaughn & Pedersen Insurance Company in the amount of $42,109.00 per year, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-432. 94357 - Moved by Brown, seconded by Angel that communication from Airport Director transmitting a pre -application to the Federal Aviation Administration for funding of airport improvements, be received, placed on file and "Resolution authorizing to proceed with said application", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-433. 94358 - Moved by Brown, seconded by Angel that communication from Transportation Program Manager transmitting proposed license agreement with Chicago and Northwestern Transportation Company to install interconnect cable at Franklin Street between East Sixth Street and East Seventh Street in conjunction with Closed -Loop Grid Traffic Control System Subsystem "M", IX -6453(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-434. 94359 - Moved by Brown, seconded by Angel that communication from Assistant City Engineer transmitting Change Order No. 3 for a net increase of $4,200.00 for work to be performed by Cedar Valley Corporation in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No. 357, be received, placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. (See further action under CR 94365 and CR 94366). 94360 - Moved by Brown, seconded by Angel that communication from Transportation Program Manager transmitting addendum to Predesign Agreement with Iowa Department of Transportation in conjunction with Relocated U.S. 218, IX -218-7(63)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-435. August 14, 1989 Page 10 ORDINANCES TO BE ADOPTED 94361 - Moved by Angel, seconded by Wright that "An Ordinance amending the 1988 Traffic Code by repealing Section (307), Authority to Impound Vehicles; and by enacting in lieu thereof a new Section (307), Authority to Impound Vehicles (removal of abandoned vehicles from streets, public alleys or highways by Police Department)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94362 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 94363 - Moved by Dell, 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: Buck. Motion carried. 94364 - Moved by Angel, seconded by Brown that "An Ordinance amending the 1988 Traffic Code by repealing Section (307), Authority to Impound Vehicles; and by enacting in lieu thereof a new Section (307), Authority to Impound Vehicles (removal of abandoned vehicles from streets, public alleys or highways by Police Department)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3660. 94365 - Moved by Brown, seconded by Angel that Change Order No. 3 for work to be performed by Cedar Valley Corporation in conjunction with the FY 1989 Street Reconstruction Program, Contract No. 357, be brought to the floor for reconsideration (See CR 94359). Ayes: Five. Nays: Dell. Absent: Buck. Motion carried. 94366 - Eric Thorson, City Engineer, reported that this Change Order would allow for the use quick dry cement adjacent to Rydell Chevrolet on the San Marnan frontage road. Although final figures have not been obtained from the contractor, the cost would be approximately $4,500 to $5,000. The frontage road reconstruction has occurred in three phases with the final phase now under construction. Rydell was told that the final phase would take approximately six to eight weeks. The contractor is currently in its third week of this six to eight weeks timeframe. Rydell has indicated that considerable loss of business has resulted because of the project and has requested the quick dry cement to accelerate the project. Dennis Konig, representing Rydell Chevrolet, reported that work began on the third phase around July 27 and that concrete still has not been poured. He stated that Rydell is willing to pay one-third, or $1,500, of the total cost for the quick dry cement. It was indicated that the quick dry cement would accelerate the project opening approximately four to five days. Councilperson Fox questioned why the City allowed the contractor so much time in making the repairs. Mr. Thorson indicated that this contractor is currently working on 20 City streets. The contractor is given a specified timeframe that the City can reasonable expect the project to be completed. Moved by Brown, seconded by Angel that Change Order No. 3 for a net increase of approximately $4,200 for work to be performed by Cedar Valley Corporation in conjunction with the FY 1989 Street Reconstruction Program, Contract No. 357, be denied. Ayes: Angel, Wright, Brown. Nays: Dell, Fox, Budak. Absent: Buck. Motion not carried. 94367 - Moved by Fox, seconded by Budak that Change Order No. 3 for a net increase of approximately $4,200 for work to be performed by Cedar Valley Corporation in conjunction with the FY 1989 Street Reconstruction Program, Contract No. 357, be approved with Rydell Chevrolet participatin in one-third of the project cost 1 August 14, 1989 Page 11 Ordinances to be Adopted - continued Eric Thorson stated that the final cost of the Change Order will depend on actual quantities used. In response to a question from Councilperson Brown, Mr. Thorson indicated that the additional cost will be paid from project funds. Bill Lemke, 149 Madison Street, stated that this would be bad precedent for the City to set in approving this Change Order. Councilperson Fox reiterated his support for the City's goal of fostering and improving the economic atmosphere of the community. He stated that the City must support existing industries and this was one way in which to do so. A vote was taken on the above motion with the following result: Ayes: Dell, Fox, Budak. Nays: Angel, Wright, Brown. Absent: Buck. Motion not carried. BILLS PAYMENT 94368 - Moved by Wright, seconded by Brown to approve the following: a. Recommendation on bids received for medical supplies for Fire Department --Fire Department Medical Supervisor. b. Recommendation on bids received for load switcher analyzer for signal repair shop --Superintendent of Traffic Operations. c. Bid recommendation on FAX machine for Waterloo Public Library --Library Director. d. Authorization to seek bids for fitness screening for Fire Department --Fire Chief. e. Authorization to purchase computer software --City Planner. and that "Resolution approving Schedule A918, pp. 1-45, in the amount of $950,187.03, and Schedule W900, pp. 1-7, in the amount of $924.78, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-436. Travel Requests 94369 - Councilperson Wright indicated her dislike for spending tax dollars on a travel request to Forsyth County, Georgia, which in the past has not allowed Blacks. In response, Chief Stapella stated that in talking with the Fire Academy they were not aware of this situation. Although other sites for this training have not been found, Chief Stapella indicated his support for finding another site. Moved by Wright, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dave Keidel, Director of Housing Inspection Seminar 1989, with costs not to vehicle. Housing Inspections, to attend 9th Annual in Cedar Rapids, Iowa on September 13-15, exceed $252.50, including the use of City 2. Mayor Bernie McKinley and Two Council Members to attend League of Iowa Municipalities 91st Annual Convention in Ames, Iowa, on September 13-15, 1989, with costs not to exceed $254.40 each. Motion carried. August 14, 1989 Page 12 MISCELLANEOUS 94370 - Moved by Wright, seconded by Angel that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and applications for temporary beer garden, massage technician permit and application for pawnbrokers and secondhand goods dealer's license be received, placed on file and approved: 1. Beer License Permit Application Class B National Cattle Congress, 300 Rainbow Drive (Renewal) (Expires 9/19/90) (Includes Sunday Sales) Waterloo Jaycees, 120 East 4th Street (August 25 - September 8, 1989) 2. Beer & Liquor License Permit Class C Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/23/90) Waterloo Greyhound Park, 5230 Greyhound Drive (Renewal) (Expires 9/24/90) (Includes Sunday Sales) Nino's, 3551 University Avenue (Renewal) (Expires 8/20/90) (Includes Sunday Sales) Uptown Jazz & Blues Club, 213-15 East 5th (Renewal) (Expires 8/19/90) (Includes Sunday Sales) Application for Temporary Beer Garden Waterloo Jaycees, Newton Square Park (1 day --August 26, 1989) Waterloo Professional Baseball, Inc., Lincoln Park (1 day --August 26, 1989) Application for Massage Technician Permit Sandra Lynn Nabholz, 119 Mulberry, Apartment #1 Application for Pawnbrokers and Secondhand Goods Dealer's License Waterloo Jewelry and Loan, 330 East 4th Street Motion carried. BONDS 94371 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 14, 1989, be received, placed on file and bonds approved. Motion carried. ORAL PRESENTATIONS 94372 - Councilperson Wright asked that discussion on the repair of the Chicago Central Railroad crossing on East Fourth Street be placed on the Council agenda of August 21. She stated that the East Fourth Street Committee had made its recommendations to the Council and that no actions have yet been taken on this item. Rich Earle, Associate Planner, stated that the recommendation of the Committee are being worked on by staff. Councilperson Wright asked that the drag racing and speeding on Ankeny Street and Hawver Court be investigated by the Police Department. Moved by Brown, seconded by Angel that the above oral presentation be received, placed on file and that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor