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HomeMy WebLinkAbout06/12/1989June 12, 1989 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 June 12, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Joe Fox. Pledge of Allegiance: Public Works Director John Meyer. 93999 - Moved by Buck, seconded by Fox that the Agenda, as proposed, for the Regular Session on June 12, 1989, at 7:00 p.m. and the Minutes of the Regular Session on June 5, 1989 at 7:00 p.m. be accepted and approved. Motion carried. HEARINGS AND BIDS 94000 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing and taking of bids on F.Y. 1989 Asphalt Overlay Program, Contract No. 360, as published in the Waterloo Courier on May 26, 1989, 'be received and placed on file. Motion carried. 94001 - 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 Dell 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. 1989-265. 94002 - Moved by Fox, seconded by Budak that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-266. 94003 - Moved by Brown, seconded by Wright to receive, file, and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation (See CR 94038 for award of bid): Bidder Bid Bond Bid Amount Aspro, Inc. & Subsidiary 5% $754,912.32 Motion carried. HEARINGS 94004 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of J.E. Millett Company (400 Ansborough Avenue) for a waiver to the building moratorium on Relocated Highway 218 Corridor for proposed exterior improvements to existing facility on the west side of Ansborough Avenue and south side of Maynard Street as published in the Waterloo Courier on June 6, 1989, be received and placed on file. Motion carried. 94005 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that the Gateway Committee recommended approval of this request to construct exterior improvements to their facility. June 12, 1989 Hearings - continued Moved by Brown, seconded by Buck Page 2 that the hearing be closed and the recommendation of approval of the Gateway Committee and oral comments be received and placed on file. Motion carried. 94006 - Moved by Dell, seconded by Budak that "Resolution approving request of J.E. Millett Company, 400 Ansborough Avenue, for a waiver to the building moratorium on Relocated Highway 218 Corridor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-267. 94007 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Tom Mclntee to vacate, sell and convey property generally lying east of Ansborough Avenue and approximately 150 feet north of Falls Avenue, as published in the Waterloo Courier on June 6, 1989, be received and placed on file. Motion carried. 94008 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that during the reconstruction of Ansborough Avenue, a 6,000 gallon underground storage tank was discovered, which extended into the Ansborough Avenue right of way. Two options were given to the adjacent property owner, including 1) buying the right of way in question, or 2) have the City pay for and remove the tank. The owner agreed to purchase the right of way from the City. The sale of land has been approved by the Federal Highway Administration and the Iowa Department of Transportation. Moved by Buck, seconded by Wright 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. 94009 - Moved by Dell, seconded by Angel that "an ordinance vacating property generally lying east of Ansborough Avenue and approximately 150 feet north of Falls Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 94010 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 94011 - Moved by Buck, seconded by Dell 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. 94012 - Moved by Budak, seconded by Wright that "an ordinance vacating property generally lying east of Ansborough Avenue and approximately 150 feet north of Falls Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3650. 94013 - Moved by Wright, seconded by Dell that "Resolution authorizing sale and conveyance of property generally lying east of Ansborough Avenue and approximately 150 feet north of Falls Avenue to Tom Mclntee", be adopted and City. Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-268. June 12, 1989 Page 3 Hearings - continued 94014 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on Issuance of $4,470,000 General Obligation Bonds for an Essential Corporate Purpose for street improvements; installation of traffic control devices; sidewalks and pedestrian underpass and overpass improvements; collection, treatment and disposal of sewage and industrial waste improvements; repair of bridges, culverts, retaining walls, viaducts and underpasses; flood control improvements; airport improvements; park improvements, as published in the Waterloo Courier on May 30, 1989, be received and placed on file. Motion carried. 94015 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Moved by Brown, seconded by Buck that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $4,470,000 General Obligation Bonds for an Essential Corporate Purpose", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-269. 94016 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on issuance of $150,000 General Obligation Bonds for a General Corporate Purpose for improvements to the Five Sullivan Brothers Convention Center and City garages, as published in the Waterloo Courier on May 30, 1989, be received and placed on file. Motion carried. 94017 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Kathy Oberle, 710 Forest Avenue, asked for a breakdown of the expenditures associated with the $150,000 bond sale. Larry Burger, Clerk/Auditor, stated that these improvements are a part of a three-year plan to improve the Five Sullivan Brothers Convention Center. One hundred thousand dollars will be used for carpet replacement and furnace repair. The remaining $50,000 will be used for the City Central Garage. Kathy Oberle stated that these capital expenditures should have been made available to the Citizens' Budget Review Committee. Moved by Brown, seconded by Dell that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $150,000 General Obligation Bonds for a General Corporate Purpose", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-270. 94018 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on issuance of $145,000 General Obligation Bonds for a General Corporate Purpose for improvements to the Waterloo Recreation & Arts Center, as published in the Waterloo Courier on May 30, 1989, be received and placed on file. Motion carried. 94019 - HOLD HEARING --This being the time and place for public hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Dell that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $145,000 General Obligation Bonds for a General Corporate Purpose", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-271. June 12, 1989 Page 4 Hearings - continued 94020 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on issuance of $135,000 General Obligation Bonds for a General Corporate Purpose for Old East Side Library and Waterloo Municipal Stadium improvements, as published in the Waterloo Courier on May 30, 1989, be received and placed on file. Motion carried. 94021 - 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 Angel that "Resolution instituting proceedings to take additional action for the authorization and issuance of not to exceed $135,000 General Obligation Bonds for a Corporate Purpose", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-272. PETITIONS FROM PUBLIC 94022 - Moved by Fox, seconded by Brown that communication from City Engineer transmitting request of Betty L. Sproule for temporary concrete driveway to be located at 2548 Manor Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-273. REPORTS 94023 - Moved by Budak, seconded by Angel that communication from Director of Personnel transmitting report on non -bargaining compensation classification study be received, placed on file and tabled for one week. Motion carried. 94024 - Moved by Buck, seconded by Brown that Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program dated June, 1989, be received and placed on file. Motion carried. DOCUMENTS 94025 - Moved by Angel, seconded by Dell that communication from Transportation Program Manager transmitting recommendation on award of Appraisal Contract to Keith Jones in conjunction with Relocated U.S. 218 Project (Virgil Wallace property located at Mitchell Avenue and I-380), 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. 1989-274. 94026 - Moved by Angel, seconded by Dell that communication from Transportation Program Manager transmitting recommendation of approval of Asbestos Inspection Contract "A -89(I)" to Waterloo Asbestos Services in conjunction with Sixth Street Extension Project, 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. 1989-275. June 12, 1989 RESOLUTIONS TO BE ADOPTED 94027 - Moved by Fox, seconded by Brown Page 5 that "Resolution authorizing Clerk/Auditor to certify against property taxes certain unpaid garbage and sewer bills", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-276. 94028 - Moved by Fox, seconded by Brown that "Resolution approving compromising of property taxes for 732 Quincy Street, 252 Jackson Street and 2260 Ashland Avenue, per Iowa Code Section 446.31", be adopted and Clerk/Auditor instructed to transmit said resolution to Black Hawk County Board of Supervisors. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-277. 94029 - Moved by Fox, seconded by Brown that communication from City Planner transmitting request to set a date of public hearing for the sale and conveyance of various structures (4040 Sager Avenue, 4030 Sager Avenue, 4022 Sager Avenue, 4012 Sager Avenue, 4004 Sager Avenue, 3950 Sager Avenue and 3856-3860 Sager Avenue) as June 19, 1989 at 7:00 p.m. in the City Hall Council Chambers be received, placed on file and "Resolution setting said date", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-278. BILLS PAYMENT 94030 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918 pp. 1-67, in the amount of $1,306,147.97 and Schedule W900, pp. 1-2, in the amount of $344.88, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-279. NEW BUSINESS 94031 - Moved by Buck, seconded by Brown to instruct City Engineer to prepare plans, specifications, etc. for F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372, be received and placed on file. Motion carried. 94032 - Moved by Buck, seconded by Brown that plans, specifications, etc. for F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-280. 94033 - Moved by Buck, seconded by Brown that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as July 3, 1989 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. - Resolution adopted and upon approval by Mayor assigned No. 1989-281. June 12, 1989 Page 6 New Business - continued 94034 - Moved by Brown, seconded by Angel that communication from City Planner transmitting recommendation of appointment of Kevin Blanshan to the position of Engineering Technician, subject to passing the required physical examination, be received, placed on file and approved. Motion carried. 94035 - Moved by Fox, seconded by Buck that communication from Mayor Bernie McKinley transmitting recommendation on hiring Associate Planner from existing Civil Service list to work in Planning and Development Division be received, placed on file and approved. Ayes: Five. Nays: Dell, Wright. Motion carried. MISCELLANEOUS 94036 - Moved by Buck, seconded by Budak 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: 1. Beer License Permit Application Class B Metro Fuel Inc., 3201 West Fourth Street (Renewal) (Expires 6/30/90) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Warehouse Market, 4026 Alexandria (Renewal) (Expires 7/2/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Maple Lanes, 2608 University Avenue (Renewal) (Expires 7/10/90) (Includes Sunday Sales) Kelly's Lounge, 801 Commercial (Expires 6/13/90) Motion carried. BONDS 94037 - Moved by Angel, seconded by Fox that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 12, 1989, be received, placed on file and report and bonds approved. Motion carried. 94038 - City Engineer Eric Thorson reported that the bid of Aspro, Inc. & Subsidiary had been reviewed and was found to be in order for the F.Y. 1989 Asphalt Overlay Program, Contract No. 360 (See CR 94003). The bidder proposed minority participation of 9.6 percent and .1 percent female participation. Concern was expressed by Councilperson Fox that only one bid had been received. Mr. Thorson indicated that a second prime contractor had taken out plans but did not return a bid. The project is advertised in the local newspaper as well as in the Dodge Reports which is circulated statewide. Councilperson Fox suggested that more advance notice be given and wider circulation of the notice to bidders. Moved by Buck, seconded by Wright that "Resolution approving award of contract for F.Y. 1989 Asphalt Overlay Program, Contract No. 360, to Aspro, Inc. & Subsidiary of Waterloo, Iowa, in the amount of $754,912.32", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-282. June 12, 1989 ORAL PRESENTATIONS Page 7 94039 - Mayor McKinley read a communication from William Applegate, President of the Marian Franciscan Services, indicating that the $75,000 awarded to Walnut Court Retirement Community through the Community Development Block Grant Program is being released back to the City of Waterloo. The release was due in part to the success in securing other sources of funding and concern about the restrictions associated with the use of Block Grant Funds. Councilperson Dell suggested that a recommendation be forwarded to the Community Development Board that these funds be used to reduce the assessments of low-income persons associated with the Sidewalk Repair Program. This recommendation will be forwarded to the Community Development Board for review. Rick French, 1630 Hyperion Drive, reported that his next door neighbor continually bothers him with a rock band. The Police Department has been called to determine whether or not the noise levels exceed the noise ordinance. The Police Department has responded but has not found the sound to be in excess of the limits set by the noise ordinance. He asked for further investigation and review. Police Chief Roger Shook stated that the Police Department would be in communication with him tomorrow to further respond to the situation. Shirley Koslowski, 816 Archer Avenue, suggested a portion of the $75,000 being returned to the City from the Mirian Franciscan Services be utilized for chore services as has been done by the Cedar Falls Community Development Board. She suggested that $30,000 be allocated to this activity. Forest Dillavou asked that the City give consideration to selling houses associated with the Interstate Substitution Program in the evening or weekends. The upcoming auction is scheduled for Friday, June 16, at 4:00 p.m. making it difficult for the working public to either view the houses or attend the auction. Bob Stevenson, City Planner, said that consideration would be given to this request in the future. Leita Thoms, 128 Berlin Street, asked the status of the 218 utility corridor. Bob Stevenson, City Planner, stated that plans for the area have not been completed and a timetable cannot be associated with the purchase of this land. As always, they will keep the neighborhood informed of developments as they occur. Kathy Oberle, 710 Forest Avenue, stated that in her petition drive to put on the ballot a change in City government, several questions have arisen. She asked each Councilmember whether they would vote for an ordinance to reinstitute ward representation if the form of government she is proposing is adopted. Discussion followed. Bill Maledy, 111 South Street, reported that the building at 516 West First Street is a hazard and asked that action be taken to relieve this situation. He has a garage adjacent to this property and fears that it may be a danger to his property. George Hubbard, owner of the property at 516 West First Street, stated that he is in the process of placing this structure on the list of historical buildings. In doing so, the concurrence of the Gateway Committee has been solicited. His intent is to restore the original building back to its original character. As a part of the restoration, he intends to build a storage building which does not require a City building permit. This situation between Mr. Maledy and Mr. Hubbard was identified as a neighborhood dispute that must be solved at the staff level. Moved by Buck, seconded by Angel that the above comments be received and placed on file and that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor