HomeMy WebLinkAbout05/23/1988May 23, 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 May 23, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak and Brown.
Invocation by: Councilperson Fox
Pledge of Allegiance: City Attorney Hugh Field
92128 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session on May 23, 1988, at 7:00
p.m., be accepted and approved. Motion carried.
92129 - Moved by Buck, seconded by Angel
that the Minutes of the Regular Session on May 16, 1988, at 7:00 p.m., be
accepted and approved. Motion carried.
92130 - Police Chief Roger Shook presented to Hope Westphal a Certificate of
Commendation for taking on additional responsibility and expenditure of her
own monies in the promotion and betterment of the Reserve Officers Program.
Mayor Bernie McKinley read a proclamation proclaiming the week of May 23 - May
27, 1988 as Partners in Education Week.
Mary Ann Burk, coordinator for Partners in Education, stated that this was a
two year dream, and that the excellent cooperation between the City of
Waterloo and other organizations and the various schools that are Partners in
Education is very rewarding. She continued that in the Partners in Education
Program, they have had approximately 1,200 volunteers. Burk continued to read
a letter of support from Superintendent of Schools Gary Wegenke.
Don Duggan, Principal of Logan Middle School, stated that he would like to
thank all of the businesses that participate in the Partners in Education
Program.
Jim Lawrence, Director of the Chamber of Commerce and Partners in Education
Director, stated that his experience with the Partners in Education Program
has been very rewarding.
Mayor McKinley announced that there will be a second "Town Meeting" to be held
June 2 at West High School at 7:00 p.m.
HEARINGS
92131 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on F.Y. 1989 Oiling
Program, Contract No. 349, as published in the Waterloo Courier on May 6 and
May 13, 1988, be received and placed on file. Motion carried.
92132 - HOLD HEARING --This being the time and place for public hearing the Mayor
called for written and oral objections. Petitions against the oiling were
presented as follows:
1. Birmingham Avenue from Temple to Byron - 100% against.
2. Four Season Drive from Rainbow to Grand Blvd. - 100% against.
3. Grand Boulevard from West City Limits to Four Seasons Drive South - 100%
against.
4. Alley between Walker and Thorson, Burton to West Plat line of 1043 Walker
- 100% against.
Cheryl Scoles, 309 Dearborn, spoke against the oiling of Dearborn Avenue.
Gene Wester, 558 Indiana, spoke in favor of the oiling of Dearborn Avenue.
May 23, 1988 Page 2
Hearings - continued
Moved by Buck, seconded by Angel
that the above petitions be received and placed on file.
Motion carried.
92133 - Moved by Wright, seconded by Angel
that Dearborn Avenue from Colorado Street to Indiana Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92134 - Moved by Brown, seconded by Wright
that Dearborn Avenue from Indiana Street to Adrian Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92135 - Moved by Buck, seconded by Angel
that Glendale Avenue from Eighmey Street to Lafayette Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92136 - Moved by Fox, seconded by Dell
that Indiana Street from Lafayette Street to Dearborn Avenue be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92137 - Moved by Brown, seconded by Buck
that Indiana Street from Dearborn Avenue to Cottage Grove Avenue be placed in
the F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion
carried.
92138 - Moved by Fox, seconded by Wright
that Locke Avenue from West 9th Street to Randolph Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92139 - Moved by Angel, seconded by Buck
that Summit Avenue from Clough Street to Chicago Street be placed in the F.Y.
1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92140 - Moved by Buck, seconded by Brown
that Summit Avenue from Euclid Avenue to Clough Street be placed in the F.Y.
1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92141 - Moved by Buck, seconded by Angel
that the alley between Walker and Thorson, Burton to west property line of
1027 Walker be placed in the F.Y. 1989 Oiling Program, Contract No. 349.
Ayes: Seven. Motion carried.
92142 - Moved by Wright, seconded by Angel
that the alley east of Logan Avenue from Anita to Louise be placed in the F.Y.
1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92143 - Moved by Dell, seconded by Fox
that the alley south of Lafayette Street from Nevada to Glendale be placed in
the F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion
carried.
92144 - Moved by Budak, seconded by Wright
that Paper Mill Street from LaPorte Road to Gladys Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
May 23, 1988
Page 3
Hearings - continued
92145 - Moved by Fox, seconded by Buck
that Paper Mill Street from Gladys Street to James Street be placed in the
F.Y. 1989 Oiling Program, Contract No. 349. Ayes: Seven. Motion carried.
92146 - Moved by'Buck, seconded by Wright
that "Resolution adopting Resolution of Necessity, as amended, for the F.Y.
1989 Oiling Program, Contract No. 349", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-253.
92147 - Moved by Angel, seconded by Fox
that "Resolution ordering work for the F.Y. 1989 Oiling Program, Contract No.
349", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-254.
92148 - Moved by Brown, seconded by Wright
that proof of publication of notice of public hearing on proposed amendments
to F.Y. 1988 Operating Budget as published in the Waterloo Courier on May 17,
1988, be received and placed on file. Motion carried.
92149 - 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 Angel, seconded by Fox
that "Resolution amending the F.Y. 1988 Operating Budget as stated above", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-255.
92150 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on issuance of general
obligation bonds for general corporate purpose in the amount of $145,000 as
published in the Waterloo Courier on May 11, 1988, be received and placed on
file. Motion carried.
92151 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections and there were none.
Dan Yates thanked the City Council for the proposed expenditures of $20,000
for Municipal Stadium.
Moved by Wright, seconded by Fox
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $145,000 General Obligation
Bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-256.
92152 - Moved by Buck, seconded by Brown
that proof of publication of notice of public hearing on the issuance of
general obligation bonds for an essential corporate purpose in the amount of
$5,555,000 as published in the Waterloo Courier on May 12, 1988, be received
and placed on file. Motion carried.
92153 - HOLD HEARING --This being the time and place of public hearing the Mayor called
for written and oral objections and there were none.
May 23, 1988 Page 4
Hearings - continued
Moved by Budak, seconded by Wright
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $5,555,000 General Obligation
Bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-257.
92154 - Moved by Brown, seconded by Wright
that proof of publication of notice of public hearing on application to the
Department of Housing and Urban Development for 200 units of Section 8
Moderate Rehabilitation Program as published in the Waterloo Courier on May 4,
1988, be received and placed on file. Motion carried.
92155 - 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 Dell, seconded by Brown
that "Resolution authorizing the submittal of an application to the Department
of Housing and Urban Development for 200 units of Section 8 Moderate
Rehabilitation Program", be adopted.
Prior to the vote, Councilperson Angel questioned the reason between the 100
and 200 units being proposed for Section 8 Moderate Rehabilitation Program.
Councilperson Dell questioned the difference between Moderate Rehabilitation
and Rental Rehabilitation.
Mayor McKinley explained the difference between 100 and 200 proposed units and
also explained to Councilperson Dell the difference between the Moderate
Rehabilitation and the Rental Rehabilitation.
Ross Blow, 320 Oak Park Circle, stated that he was very much in favor of this
proposal and urged the Council to pass this resolution.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-258.
92156 - Moved by Angel, seconded by Buck
that proof of publication of notice of public hearing on special permit
request of Covenant Medical Center on proposed helicopter landing pad to be
located immediately east of the emergency room door of the Kimball Avenue
Hospital, generally located east of Kimball Avenue and north of Ridgeway
Avenue as published in the Waterloo Courier on May 17, 1988, be received and
placed on file. Motion carried.
92157 - 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 Angel
that the recommendation of approval of the Planning, Programming and Zoning
Commission be received and placed on file. Motion carried.
92158 - Moved by Buck, seconded by Wright
that "Resolution approving special permit request of Covenant Medical Center
for proposed helicopter landing pad to be located immediately east of the
emergency room door of the Kimball Avenue Hospital, generally located east of
Kimball Avenue and north of Ridgeway Avenue", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-259.
May 23, 1988
Page 5
PETITIONS FROM PUBLIC
92159 - Moved by Fox, seconded by Wright
that communication from Clerk/Auditor transmitting petition from public on
hazardous and congested railway crossing at East Fourth Street and Sumner
Street be received and placed on file. Motion carried.
92160 - Moved by Fox, seconded by Wright
that communication from Transportation Program Manager transmitting request of
Fred Carlson Company for variance to Chapter 25.5 of the Noise Control
Ordinance in conjunction with Hackett Road Bypass, IX -6585(7)--79-07, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-260.
REPORTS
92161 - Moved by Angel, seconded by Brown
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing
Housing Certificate Program Report dated May 4, 1988, be received and placed
on file. Motion carried.
DOCUMENTS
92162 - Moved by Budak, seconded by Dell
that communication from Associate Engineer transmitting Change Order No. 2 for
a net increase of $445.00 for work to be performed by Cardinal Construction
Company in conjunction with F.Y. 1988 East Fifth Street Parking Ramp Repairs,
Phase V, together with recommendation of approval, be received, placed on file
and Mayor and Clerk/Auditor authorized to execute same. Motion carried.
92163 - Moved by Budak, seconded by Dell
that communication from Transportation Program Manager transmitting Contract,
Bond and Certificate of Insurance from Allied Construction Co. of Charles
City, Iowa, in the amount of $1,903,012.49, in conjunction with Independence
Avenue Reconstruction Project, IX -6600(2)--79-07, together with recommendation
of approval, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-261.
92164 - Moved by Budak, seconded by Dell
that communication from Transportation Program Manager transmitting Statement
of Completion and Final Acceptance of Work in conjunction with Hackett Road
Bypass, IX -6585(5)--79-07, for work completed by Peterson Contractors, Inc.,
be received, placed on file and "Resolution approving said document", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-262.
92165 - Moved by Budak, seconded by Dell
that "Resolution approving Settlement Agreement with Warren Transport, Inc.",
be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-263.
RESOLUTIONS TO BE ADOPTED
92166 - Moved by Brown, seconded by Buck
that "Resolution authorizing condemnation proceedings on Parcel No. 5 in
conjunction with F.Y. 1988 Vincent and Longview Culvert Replacements, Contract
No. 326", be adopted.
May 23, 1988 Page 6
Resolutions to be Adopted - continued
Prior to the vote, Councilperson Angel explained her reasons for her plans to
cast a negative vote on this issue. She stated that she has no objections to
what the staff has recommended and no objections to the staff but just feels
that she has been consistent in voting against condemnation proceedings and in
that case, she will cast a negative vote.
Ayes: Six. Nays: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1988-264.
92167 - Moved by Budak, seconded by Brown
that "Resolution setting date of hearing as June 6, 1988 at 7:00 p.m. in the
City Hall Council Chambers on removal of traffic signals at the intersection
of Vinton and Sycamore Streets", be adopted and Clerk/Auditor instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-265.
92168 - Moved by Budak, seconded by Brown
that communication from Transportation Program Manager transmitting
recommendation to cancel garbage assessment and taxes for City -owned property
located in Riverview Addition, Waterloo Lot Nos. 39-44, Block 92, be received,
placed on file and "Resolution approving said cancellation", be adopted and
Clerk/Auditor instructed to notify the County Treasurer of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-266.
ORDINANCE TO BE ADOPTED
92169 - Moved by Buck, seconded by Brown
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Article I, in General, of Chapter 14, Fire
Prevention and Protection; and enacting in lieu thereof a new Article I, in
General, of Chapter 14, Fire Prevention and Protection; and by adding Article
III, Fire Prevention Inspections, to Chapter 14, Fire Prevention and
Protection (Building Inspections)", be received, placed on file, passed and
considered for the second time.
Prior to the vote, Mayor McKinley stated that Jim Lawrence, Director of the
Chamber of Commerce, would like to ask the Council for a provision to allow
the Council to look at this ordinance and determine whether it is still proper
in the spring of the year.
Jim Lawrence, Director of the Chamber of Commerce, read a letter from the
Chamber stating that they would like a one year sunset provision in this
ordinance to allow the Council to either take additional action on the
inspection fees or eliminate it June 30, 1989. Lawrence stated that if the
sunset provision was allowed, the Chamber would support the inspection fee
ordinance.
City Attorney Hugh Field stated that the Council could incorporate a sunset
provision within the ordinance.
Councilperson Wright stated that she would rather see the Council review the
ordinance in one year instead of having it sunset in one year.
Councilperson Buck stated that he would agree to a sunset provision.
Councilperson Angel stated that she took objection to the Chamber of
Commerce's claim that it is an additional tax on businesses. Angel continued
that it is not a tax, that it is a service fee assessed by the Fire
Department.
May 23, 1988
Ordinance to be Adopted - continued
Moved by Budak, seconded by Angel
Page 7
to amend the ordinance to allow for a review by the City Council in February,
1989 to comply with the budgetary process of the City of Waterloo. Ayes:
Angel, Wright, Budak. Nays: Dell, Fox, Buck, Brown. Amendment defeated.
92170 - Moved by Buck, seconded by Brown
to amend the ordinance to allow a one year sunset provision for the inspection
fees to end June 30, 1989 and to approve the second reading of the amended
ordinance as stated above. Ayes: Seven. Motion carried.
92171 - Moved by Fox, seconded by Budak
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 third time and now placed on its
final adoption. Ayes: Seven. Motion carried.
92172 - Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Article I, in General, of Chapter 14, Fire
Prevention and Protection; and enacting in lieu thereof a new Article I, in
General, of Chapter 14, Fire Prevention and Protection; and by adding Article
III, Fire Prevention Inspections, to Chapter 14, Fire Prevention and
Protection (Building Inspections) as amended to allow the one year sunset
provision to sunset June 30, 1989", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3555.
BILLS PAYMENT
92173 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-68, in the amount of
$828,042.66, and Schedule W900, pp. 1-7, in the amount of $2,543.50, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six.
Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1988-267.
NEW BUSINESS
92174 - Moved by Brown, seconded by Wright
that the City Engineer be instructed to prepare plans, specifications, etc. in
conjunction with F.Y. 1988 Street Reconstruction Program 2, Contract No. 339,
be received and placed on file. Motion carried.
92175 - Moved by Brown, seconded by Wright
that "Resolution preliminarily approving plans, specifications, etc. for F.Y.
1988 Street Reconstruction Program 2, Contract No. 339", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-268.
92176 - Moved by Brown, seconded by Wright
that "Resolution setting date of hearing and taking
at 7:00 p.m. in City Hall Council Chambers on plans
F.Y. 1988 Street Reconstruction Program 2, Contract
Clerk/Auditor instructed to publish notice of same.
of bids as June 13, 1988
, specifications, etc. on
No. 339", be adopted and
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-269.
May 23, 1988 Page 8
New Business - continued
92177 - Moved by Buck, seconded by Dell
that the City Engineer be instructed to prepare plans, specifications, etc. in
conjunction with F.Y. 1988 Northeast Area Sanitary Sewer Extension, Contract
No. 344, be received and placed on file. Motion carried.
92178 - Moved by Buck, seconded by Dell
that "Resolution preliminarily approving plans, specifications, etc. for F.Y.
1988 Northeast Area Sanitary Sewer Extension, Contract No. 344", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-270.
92179 - Moved by Buck, seconded by Dell
that "Resolution setting date of hearing and taking of bids as June 20, 1988
at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1988 Northeast Area
Sanitary Sewer Extension, Contract No. 344", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-271.
92180 - Moved by Budak, seconded by Dell
that the City Engineer be instructed to prepare plans, specifications, etc. in
conjunction with F.Y. 1988 Leather Processor Access Road, Contract No. 343, be
received and placed on file. Motion carried.
92181 - Moved by Budak, seconded by Dell
that "Resolution preliminarily approving plans, specifications, etc. for F.Y.
1988 Leather Processor Access Road, Contract No. 343", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-272.
92182 - Moved by Budak, seconded by Dell
that "Resolution setting date of hearing and taking of bids as June 20, 1988
at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1988 Leather Processor
Access Road, Contract No. 343", be adopted and Clerk/Auditor instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-273.
92183 - Moved by Budak, seconded by Dell
that communication from Clerk/Auditor transmitting recommendation of approval
of Leonard Zmolek to the position of Maintenance Supervisor in the City
Clerk/Auditor Department be received, placed on file and approved. Motion
carried.
Travel Request
92184 - Moved by Wright, seconded by Dell
that the following travel request with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Cheryl Huddleston, Personnel Analyst, to attend Annual Workers'
Compensation Symposium on June 9 & 10, 1988 in Des Moines, Iowa, with
costs not to exceed $210.00.
Motion carried.
May 23, 1988
MISCELLANEOUS
92185 - Moved by Wright, seconded by Dell
Page 9
that the following applications for Beer and Liquor Licenses, be received,
placed on file, approved and endorsed applications forwarded to the Iowa Beer
and Liquor Control Department and applications for Temporary Beer Garden and
30 day extension on License for Distress Sale, be received, placed on file and
approved:
1. Beer License Permit Application
Class B
Latin American Club, Lincoln Park - East 4th Street & Franklin (New) (1
day --June 7, 1988)
National Dairy Cattle Congress, Inc. dba National Cattle Congress,
Rainbow Drive (request to transfer said license from McElroy Auditorium
to Estel Hall for 1 day only --May 28, 1988)
2. Beer & Liquor License Permit Application
Class C
Elks Club #290, 407 East Park Avenue (Renewal) (Expires 6/30/89)
(Includes Sunday Sales)
The Half Pint Saloon, 1831 Independence Avenue (Renewal) (Expires
6/30/89)
Kellys Lounge, 801 Commercial (Renewal) (Expires 6/2/89)
Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/89) (Includes
Sunday Sales)
3. Beer & Liquor License Permit Application
Class A
El Mecca Shrine Club, 716 Commercial (Renewal) (Expires 5/22/89)
(Includes Sunday Sales), subject to compliance with Ordinance No. 3494
within one week.
Application for Temporary Outdoor Cafe/Beer Garden
Holiday Inn Civic Center, 4th and Commercial (3 days --May 28, June 4, and
August 27, 1988)
The Gambler, 185 West 4th Street (1 day --May 28)
Rumours Lounge, 1125 W. Donald (1 day --June 4)
30 Day Extension on License for Distress Sale
DeWitt Sports Inc., 323 East Fourth Street
Motion carried.
BONDS
92186 - Moved by Buck, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk/Auditor
through May 23, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
92187 - Bill Lemke, 149 Madison, stated that he was there on behalf of the owners of
the Wagon Pit Automotive Repair Shop who have concerns over the disruption of
traffic flow due to the street construction on Seventh Street.
Councilperson Wright stated that she had a concern over the road signs and the
detours out at the Hawkeye Tech area. Don Temeyer, Planning and Development
Director, stated that the signs were up and that he would have someone check
the next morning to determine whether the signs were still in place. Temeyer
continued that the culvert replacement on Orange Road should be completed in
the early fall. Councilperson Dell expressed concerns over the problem of no
pavement on Hess Road and Hammond Avenue. Dell stated that the Hawkeye Tech
employees have been fighting that issue for quite a while and they would like
to see those two streets improved in the future.
Moved by Buck, seconded by Wright
to receive and file the above comments. Motion carried.
May 23, 1988 Page 10
ADJOURNMENT
92188 - Moved by Buck, seconded by Wright
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor