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