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HomeMy WebLinkAbout07/25/1988July 25, 1988 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 July 25, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: Councilperson Bob Brown 92505 - Moved by Angel, seconded by Brown that the Agenda, as proposed, for the Regular Session on July 25, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92506 - Moved by Angel, seconded by Brown that the Minutes of the Regular Session on July 18, 1988 at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 92507 - HOLD HEARING --The Mayor reconvened the hearing adjourned from July 11, 1988, CR 92457 on the request of Lloyd and Grace Thompson to rezone from "C-1" Commercial District to "C-2" Commercial District property generally located at the southwest corner of Independence Avenue and Bishop Avenue and called for written and oral objections and there were none. 92508 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 240 to Section 2A-5, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Prior to the vote, Mack Gable, the real estate agent representing the petitioners, stated that several interested parties had approached him regarding the sale of the property and that the corner could be utilized for businesses such as fast food, convenience store or a restaurant and bar. Councilperson Wright stated that she had concerns over the specific use for the property. Grace Thompson stated that the only concern she had heard was over the use of the property for a convenience store. Mrs. Thompson continued that she and her husband would like to sell the property and use the money for retirement. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended approval of the request. Ayes: Six. Absent: Buck. Motion carried. 92509 - Moved by Wright, seconded by Angel 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: Six. Absent: Buck. Motion carried. 92510 - Moved by Angel, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 240 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3570. July 25, 1988 HEARINGS AND BIDS 92511 - Moved by Wright, seconded by Fox Page 2 that proof of publication of notice of public hearing and taking of bids on F.Y. 1989 Paving Program, Contract No. 352, as published in the Waterloo Courier on July 8, 1988, be received and placed on file. Motion carried. 92512 - 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 Budak that "Resolution confirming the approval of plans and specifications in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-421. 92513 - Moved by Dell, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-422. 92514 - Moved by Budak, seconded by Wright to receive, file, instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation: (See CR 92537 for award of contract.) Bidder Youngblut Contracting, Inc. Cunningham Construction, Inc. Motion carried. 92515 - Moved by Angel, seconded by Wright Bid Bond Bid Amount 5% $140,090.05 5% $182,789.00 that proof of publication of notice of public hearing on the sale and removal of various single family structures and garages in conjunction with the Interstate Substitution Program as published in the Waterloo Courier on July 1, 1988, be received and placed on file. Motion carried. 92516 - 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 Fox to receive and place on file bids for the following Group A-88 Houses: 1025 Ansborough Avenue, 1105 Ansborough Avenue, 1127 Ansborough Avenue; and Group A-88 Garages: 1025 Ansborough Avenue, 1105 Ansborough Avenue and 1110 Cleveland. Motion carried. 92517 - Moved by Brown, seconded by Dell that communication from City Planner transmitting bid tabulations and recommendation of approval of the following bids be received, placed on file and "Resolution authorizing sale and conveyance of the following structures to the bidder indicated and amount listed": HOUSES Item No. Address Name of Successful Bidder Full Amount 1 1025 Ansborough Marcia J. Henderson & A. Marjorie Henderson $3,511.00 2 1105 Ansborough No Bids Received 3 1127 Ansborough No Bids Received July 25, 1988 Hearings and Bids - continued GARAGES Item No. Address Page 3 Name of Successful Bidder Full Amount 1 1025 Ansborough Roger W. Dean 2 1105 Ansborough Esther M. Albertson 3 1110 Cleveland Jeffrey D. Wood $ 200.00 $ 600.00 $ 55.00 be adopted, and City Attorney instructed to prepare and deliver bills of sale accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-423. HEARING 92518 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on renaming of Conway Civic Center to Five Sullivan Brothers Convention Center as published in the Waterloo Courier on July 15, 1988, be received and placed on file. Motion carried. 92519 - HOLD HEARING --The Mayor announced that it was time for the hearing and that he had received comments from Jim Wilson and Walt Cochran opposing the renaming of the Conway Civic Center. Vic Gibson, identifying himself as a World War II veteran, stated that he witnessed the sinking of the ship that the five Sullivan brothers were on. Gibson stated that the ship he was on was the Frisco and was in the same battle with the Juneau, which the five Sullivan brothers were serving on. Gibson stated that the Juneau sank after being torpedoed. He continued that he would be in favor of renaming the Conway Civic Center to the Five Sullivan Brothers Convention Center. Charles Vondracek, Evansdale, read a speech and stated that he was proud to live in America. Vondracek continued that he would be in favor of renaming the Conway Civic Center to the Five Sullivan Brothers Convention Center. Ralph Whannel, 1101 Rachael, stated that he had chaired the committee to build the memorial in the present Sullivan Park. He stated that he felt it would help tourism to the community and would allow the tourist to identify Waterloo as the home of the five Sullivan brothers. Jim Redden, 314 Wellington, stated that he also would be in favor of renaming the Conway Civic Center to the Five Sullivan Brothers Convention Center. Joyce Frank, 2205 Rainbow, stated that today's generation lack a role model and that the five Sullivan brothers would be an appropriate role model for young people to look up to. She continued that she would be in favor of renaming the present Conway Civic Center. Don Miller, 707 Old Stone Quarry Road, stated that he was still opposed to renaming the Conway Civic Center to the Five Sullivan Brothers Convention Center. Miller continued that the Arizona sank at Pearl Harbor with three brothers on it and based on that a ruling came from the War Department that relatives would not serve on the same ship. Miller stated that the reason the five Sullivan brothers died on the same ship was due to bad judgment, and that they should not be considered heroes any more than any other person who had lost his life in the service of their country. Councilperson Budak stated that he had lost a brother in World War II and that it had been a dramatic experience for both him and his family. Budak continued that he felt to lose five brothers at one time during the War would be not only a dramatic and major loss to a family but would be a major loss to the nation. John Rooff III, 111 Inverness, stated that this would identify the home of the five Sullivan brothers. Rooff continued that the renaming 'would be in honor of all persons who have lost their lives in any War that America has been involved in. July 25, 1988 Page 4 Hearing_- continued Councilperson Wright stated that we need to educate our youths of the community on the story of the Sullivan brothers. Councilperson Dell stated that growing up around Sullivan Park had made a definite impact on his life. Don Baker, John Mrzlak and Jean Hall all spoke on behalf of renaming the Conway Civic Center to the Five Sullivan Brothers Convention Center. Councilperson Brown stated that he was in favor of the renaming but also would like to commend Don Miller for his courage to stand up for what he believes in opposing this renaming. Mayor McKinley stated that Waterloo boasts one of the finest Convention Centers in the State, and that the renaming of the Convention Center to honor the Sullivan Brothers is symbolic in that we would be honoring all veterans. The Mayor continued that the Sullivan brothers are probably Waterloo's most famous citizens. Moved by Wright, seconded by Angel that "Resolution renaming Conway Civic Center to Five Sullivan Brothers Convention Center and that the renaming be effective November 11, 1988", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-424. PETITIONS FROM PUBLIC 92520 - Moved by Angel, seconded by Fox that communication from City Planner transmitting minor site plan amendment request of Ridgeway Avenue Hardee's Restaurant for property located at 126 East Ridgeway for an addition to existing building, together with recommendation of approval of the Planning, Programming and Zoning Commission staff, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-425. REPORTS 92521 - Moved by Dell, seconded by Wright that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program Report dated July 7, 1988 and report on Housing Authority activity at Ridgeway Towers, be received and placed on file. Motion carried. DOCUMENTS 92522 - Moved by Brown, seconded by Dell that communication from City Planner Angelow's Addition, together with Deed and recommendation of approval of Commission, be received, placed on Preliminary Plat", be adopted. Ayes: Resolution adopted and upon approval by transmitting the Preliminary Plat of of Dedication, Report of City Engineer, the Planning, Programming and Zoning file and "Resolution approving said Six. Absent: Buck. Mayor assigned No. 1988-426. 92523 - Moved by Brown, seconded by Dell that communication from Assistant City Engineer transmitting Addendum to Construction Staking Services Contract with Robinson Engineering Company in conjunction with F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-427. -'t July 25, 1988 Page 5 Documents - continued 92524 - Moved by Brown, seconded by Dell that communication from City Engineer transmitting Engineering Services Agreement with Brice, Petrides -Donohue for a study on the Easton Avenue Bridge over Dry Run Creek between West Eighth and West Ninth Streets, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-428. 92525 - Moved by Brown, seconded by Dell that communication from Community Development Board Administrator transmitting Grant Agreement with the U.S. Department of Housing and Urban Development for the 5th Year Community Development Rental Rehabilitation Program, No. R -88 -MC -19-0207 be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-429. RESOLUTIONS TO BE ADOPTED 92526 - Moved by Fox, seconded by Angel that "Resolution authorizing and directing the Clerk/Auditor to destroy certain time cards as provided in Section 372.13, Paragraph 5, 1985 Code of Iowa", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-430. 92527 - Moved by Fox, seconded by Angel that "Resolution authorizing the Clerk/Auditor to proceed with the necessary documentation and certification for assessment for demolition of property located at 2720 West Ridgeway", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-431. 92528 - Moved by Fox, seconded by Angel that "Resolution authorizing the Iowa Department of Transportation to purchase a section of the rail line of the Chicago Northwestern Transportation Company to be abandoned from the Cedar Falls Junction in southwest Waterloo to its southern terminus in Marshalltown, Iowa", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-432. BILLS PAYMENT 92529 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-58, in the amount of $872,058.24, and Schedule W900, pp. 1-3, in the amount of $8,347.01, 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. 1988-433. NEW BUSINESS 92530 - Moved by Fox, seconded by Wright that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $849.94 against property located at 202 Mulberry Street for replacement of water services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-434. July 25, 1988 Page 6 New Business - continued 92531 - Moved by Fox, seconded by Wright that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $624.00 against property located at 1820 East Fourth Street for replacement of water services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-435. 92532 - Moved by Fox, seconded by Wright that communication from Mayor Bernard L. McKinley transmitting recommendation of approval of reappointment of E. J. "Gene" Kuebler to the Metropolitan Transit Authority Board of Directors for another three (3) year term, with term expiration of July 1, 1991, be received, placed on file and approved. Motion carried. Travel Request 92533 - Moved by Wright, seconded by Angel that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. Alvin Meyer, Assistant Chief of Police, to attend P.O.L.I.C.Y. Seminar (Police Operations Leading to Improved Children & Youth Services) on August 8 - 12, 1988 in Kansas City, MO, with costs not to exceed $188.00, including the use of City vehicle. Motion carried. MI SCELLANEOUS 92534 - Moved by Wright, seconded by Angel that the following application for Beer and Liquor Licenses, be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and application for Temporary Outdoor Cafe/Beer Garden and cigarette license application, be received, placed on file and approved: 1. Beer and Liquor License Permit Application Class C Narey's 19th Hole, 1073 Logan Avenue (Renewal) (Expires 8/23/89) Application for Temporary Outdoor Cafe/Beer Garden Jet Lounge, 451 West Parker (1 day --August 14, 1988) Cigarette License Application One (1) Motion carried. BONDS 92535 - Moved by Brown, seconded by Budak that the report of City Attorney and list of bonds filed with Clerk/Auditor through July 25, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATION 92536 - Mayor McKinley announced that it was Councilperson Angel's birthday today, and he would like to wish her a "Happy Birthday." July 25, 1988 Page 7 Oral Presentations - continued Milt Roth, 229 East Fifth Street, stated that he was in the process of reinvesting in the downtown area by updating his building. Roth continued that he objected to the adult entertainment store (Pandora's Box) next door to his present location. Roth continued that he has had many customers voice concerns to him. Roth asked the City to look into the possibility of regulating businesses such as this. City Attorney Hugh Field stated that the City would have to amend the present zoning laws in order to accommodate that type of request. He continued that his staff is presently looking at that very issue. Field stated that it would be presented to the Planning, Programming and Zoning Commission prior to coming to the City Council. Councilperson Brown commended Councilperson Fox for his fine job in serving as Chair of the Waterloo Open. Councilperson Brown stated that it was a great Waterloo event. Councilperson Wright stated that she had learned of the Governor's Lifesaving Award that is to be presented to Clerk/Auditor Larry Burger at the Iowa State Fair on August 22. Wright continued that she would like to express her congratulations to Mr. Burger. Councilperson Dell stated that he had recently attended a Mayor's Advisory Committee for Minority, Female and Disadvantaged Business Enterprise meeting regarding minority participation in contracts. He stated that obviously after reviewing the bid from Youngblut Contracting on the contract awarded tonight, that this meeting was very much worthwhile. Youngblut's contract had 5 percent minority participation plus an additional 1 percent female participation. Moved by Dell, seconded by Wright to receive and file the above comments. Motion carried. 92537 - Moved by Brown, seconded by Wright that "Resolution approving the bid of Youngblut Contracting, Inc. of Washburn, Iowa, in the amount of $140,090.05 for F.Y. 1989 Paving Program, Contract No. 352", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-436. ADJOURNMENT 92538 - Moved by Dell, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor