HomeMy WebLinkAbout04/25/1988April 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 April 25, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell.
Invocation by: Mayor Bernard L. McKinley.
Pledge of Allegiance: Pack 9, Den 4 --Josh Goings, Jeremy Blankenship, Nathan Brooks,
Brent Winkie, Justin Werkmeister, Brian Zeien.
91957 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on April 25, 1988, at 7:00
p.m., be accepted and approved. Motion carried.
91958 - Moved by Buck, seconded by Wright
that the Minutes of the Regular Session of April 18, 1988, at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS AND BIDS
91959 - Moved by Angel, seconded by Brown
that proof of publication of notice of public hearing and taking of bids on
F.Y. 1988 Lafayette and East Fourth Streets Reconstruction Program, Contract
No. 332, as published in the Waterloo Courier on April 14, 1988, be received
and placed on file. Motion carried.
91960 - 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 "Resolution confirming the approval of plans and specifications in
conjunction with said project", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-181.
91961 - Moved by Buck, seconded by Angel
that "Resolution ordering construction", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-182.
91962 - 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 C.R. 91999 for award of
contract):
Bidder
Cedar Valley Corporation
Youngblut Contracting, Inc.
Motion carried.
HEARINGS
91963 - Moved by Wright, seconded by Fox
Bid Bond Bid
5% $373,289.56
5% $380,569.53
that proof of publication of notice of public hearing on the issuance of
industrial development revenue bonds for Albert Trostel & Sons Company Project
in the amount of $8,000,000 as published in the Waterloo Courier on April 11,
1988 be received and placed on file. Motion carried.
April 25, 1988
Hearings - continued
Page 2
91964 - 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 "Resolution providing for issuance and sale of not to exceed $8,000,000
Industrial Development Bonds", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-183.
91965 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Brian
Bouck, D.D.S., P.C. to vacate, sell and convey a triangular portion of the
northerly right-of-way of the San Marnan Drive frontage road adjoining Lot 13,
Brookeridge Addition as published in the Waterloo Courier on April 20, 1988, be
received and placed on file. Motion carried.
91966 - 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 Angel
that the recommendation of approval of the Planning, Programming and Zoning
Commission be received and placed on file. Motion carried.
91967 - Moved by Budak, seconded by Brown
that "an ordinance vacating a triangular portion of the northerly right-of-way
of the San Marnan Drive frontage road adjoining Lot 13, Brookeridge Addition",
be received, placed on file, passed and considered for the first time. Ayes:
Six. Absent: Dell. Motion carried.
91968 - Moved by Fox, 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: Dell. Motion carried.
91969 - Moved by Brown, seconded by Buck
that "an ordinance vacating a triangular portion of San Marnan Drive frontage
road adjoining Lot 13, Brookeridge Addition", be adopted. Ayes: Six. Absent:
Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3545.
91970 - Moved by Angel, seconded by Wright
that "Resolution authorizing sale
northerly right-of-way of the San
Brookeridge Addition to Brian
Six. Absent: Dell.
and conveyance of a triangular portion of the
Marnan Drive frontage road adjoining Lot 13,
Bouck, D.D.C., P.C.", be adopted. Ayes:
Resolution adopted and upon approval by Mayor assigned No. 1988-184.
91971 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on request of Brian
Bouck, D.D.S., P.C. to reduce the 20 foot platted building line along the west
side of West 9th Street north of the San Marnan Drive frontage road to a 10
foot building line as published in the Waterloo Courier on April 20, 1988, be
received and placed on file. Motion carried.
April 25, 1988 Page 3
Hearings - continued
91972 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for oral and written objections and there were none.
Moved by Budak, seconded by Brown
that the recommendation of approval of the Planning, Programming and Zoning
Commission be received and placed on file. Motion carried.
91973 - Moved by Budak, seconded by Brown
that "an ordinance reducing the 20 foot platted building line along the west
side of West 9th Street north of the San Marnan Drive frontage road to a 10
foot building line", be received, placed on file, passed and considered for the
first time. Ayes: Six. Absent: Dell. Motion carried.
91974 - Moved by Buck, seconded by Fox
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: Dell. Motion carried.
91975 - Moved by Fox, seconded by Angel
that "an ordinance reducing the 20 foot platted building line along the west
side of West 9th Street north of the San Marnan Drive frontage road to a 10
foot platted building line", be adopted. Ayes: Six. Absent: Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3546.
UNFINISHED BUSINESS
91976 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting additional street oiling
petition for 100 - 200 block of Paper Mill Street to be completed during the
summer, 1989, and in conjunction with F.Y. 1989 Oiling Program, Contract No.
349, be received, placed on file and City Engineer instructed to prepare
assessment proceedings for formal action by the City Council. Motion carried.
PETITIONS FROM PUBLIC
91977 - Moved by Budak, seconded by Angel
that communication from City Engineer transmitting request of Y.M.C.A. to close
South Hackett Road near their facility for an 8K run on May 14, 1988 from 8:30
to 10:00 a.m., together with recommendation of approval and petition from
affected property owners approving request be received, placed on file and
approved. Motion carried.
91978 - Moved by Budak, seconded by Angel
that communication from City Engineer transmitting request of MINNIOWA, INC.,
2015 Commercial Street, for permission to construct private sanitary service
line in public right-of-way, subject to conditions of City Engineer, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-185.
REPORTS
91979 - Moved by Wright, seconded by Fox
that communication from City Attorney transmitting proposed franchise agreement
with IPS be received and placed on file. Motion carried.
April 25, 1988 Page 4
DOCUMENTS
91980 - Moved by Brown, seconded by Buck
that communication from Transportation Program Manager transmitting Contract
for Consultant Engineering Services with Brice, Petrides -Donohue Company for
Phase I, Preliminary and Final Design, in conjunction with Hackett Road Bypass
Bikeway, IX -6585(7)--79-07, be received, placed on file and "Resolution
approving said Contract", be adopted and Mayor and Clerk/Auditor authorized to
execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-186.
91981 - Moved by Brown, seconded by Buck
that communication from City Engineer transmitting Iowa Department of
Transportation Application to Perform Work Within State Highway Right -of -Way,
be received, placed on file and "Resolution approving said application", be
approved and Mayor authorized to execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-187.
RESOLUTIONS TO BE ADOPTED
91982 - Moved by Wright, seconded by Angel
that "Resolution approving the preparation and submission of an application for
rental rehabilitation assistance for Fiscal Year 1988 to the U.S. Department of
Housing and Urban Development for Federal assistance under Section 17 of the
United States Housing Act of 1937 (5th Year Rehabilitation Program)", be
adopted . Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-188.
91983 - Moved by Wright, seconded by Angel
that "Resolution accepting and approving permanent easement contract payment
for real property for Parcel No. 3 in conjunction with Independence Avenue
Storm and Sanitary Sewer Project, Contract No. 329", be adopted. Ayes:
Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-189.
ORDINANCES TO BE ADOPTED
91984 - Moved by Buck, seconded by Angel
that "an ordinance repealing Ordinance No. 3542 and enacting in lieu thereof an
ordinance vacating a portion of an alley between Ansborough Avenue and Dundee
Avenue from University Avenue South 170 feet, in the City of Waterloo, Black
Hawk County, Iowa", be received, placed on file, passed and considered for the
first time. Ayes: Six. Absent: Dell. Motion carried.
91985 - Moved by Fox, seconded by Buck
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: Dell. Motion carried.
91986 - Moved by Angel, seconded by Fox
that "an ordinance repealing Ordinance No. 3542 and enacting in lieu thereof an
ordinance vacating a portion of an alley between Ansborough Avenue and Dundee
Avenue from University Avenue South 170 feet, in the City of Waterloo, Black
Hawk County, Iowa", be adopted. Ayes: Six. Absent: Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3547.
April 25, 1988
Ordinances To Be Adopted - continued
91987 - Moved by Fox, seconded by Buck
Page 5
that "an ordinance transferring cable franchise from Waterloo Cablevision, Inc.
to Marcus Communications, Inc.", be received, placed on file, passed and
considered for the first time.
Prior to the vote, Judy Fossell, Chairperson of the Waterloo Cable Commission,
read a letter from the Cable Commission to the Council regarding the franchise
transfer. The letter spoke of several areas of concern that the Cable
Commission had regarding the transfer of the franchise, but she stated that
after careful scrutiny and as time constraints allowed and with the questions
on legal, technical and financial qualification of the new company answered,
the Waterloo Cable Commission voted tonight to recommend to the Waterloo City
Council that the sale of the Waterloo Cablevision to Marcus Communications,
Inc. be approved.
Ayes: Six. Absent: Dell. Motion carried.
91988 - Moved by Brown, seconded by Buck
to amend the first reading of the ordinance to include to receive and file Ms.
Fossell's comments. Ayes: Six. Absent: Dell. Motion carried.
91989 - Moved by Buck, seconded by Wright
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: Dell. Motion carried.
91990 - Moved by Fox, seconded by Angel
that "an ordinance transferring cable franchise from Waterloo Cablevision, Inc.
to Marcus Communications, Inc.", be adopted.
Prior to the vote, Frank Frye of the McDonald Group stated that the Cable
Commission had done a fine job in the investigation of the franchise transfer
and that they were a professional group with very good questions. Frye
continued that the Commission was very fair and thorough.
Ayes: Six. Absent: Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3548.
BILLS PAYMENT
91991 - Moved by Angel, seconded by Brown
that "Resolution approving Schedule A918, pp. 1-79, in the amount of
$738,568.51, and Schedule W900, page 1, in the amount of $45.00, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five.
Absent: Dell. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1988-190.
NEW BUSINESS
91992 - Moved by Wright, seconded by Brown
that the City Engineer be instructed to prepare plans, specifications, etc. in
conjunction with Independence Avenue, IX -6600(2)--79-07, be received and placed
on file. Motion carried.
91993 - Moved by Wright, seconded by Brown
that "Resolution preliminarily approving plans, specifications, etc. for
Independence Avenue, IX -6600(2)--79-07", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-191.
April 25, 1988 Page 6
New Business - continued
91994 - Moved by Wright, seconded by Brown
that "Resolution setting date of hearing as May 9, 1988 at 7:00 p.m. in City
Hall Council Chambers on plans, specifications, etc., on Independence Avenue,
IX -6600(2)--79-07"., be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1988-192.
91995 - Moved by Wright, seconded by Brown
that communication from Mayor Bernard L. McKinley transmitting recommendation
of approval of Sammy Daniels to the Building Board of Appeals effective
immediately, be received, placed on file and approved. Motion carried.
MISCELLANEOUS
91996 - Moved by Buck, seconded by Wright
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, subject to inspection by Fire Department, and
the following Cigarette License be received, placed on file and approved:
1. Beer License Permit Application
Class C
Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/89) (Includes
Sunday Sales)
2. Beer & Wine License Permit Application
Class C
Hong Kong Cafe, 631 Lafayette Street (Renewal) (Expires 5/1/89) (Includes
Sunday Sales)
3. Beer & Liquor License Permit Application
Class C
Hickory House, 315 Park Road (Renewal) (Expires 5/24/89) (Includes Sunday
Sales)
The Locker Room, 1918 Hawthorne (Renewal) (Expires 4/30/89) (Includes
Sunday Sales)
Thunderbird Tap, 715 Ansborough Avenue (Renewal ) (Expires 5/4/89)
(Includes Sunday Sales)
Cigarette License
One (1)
Motion carried.
BONDS
91997 - Moved by Angel, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk/Auditor
through April 25, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
91998 - Councilperson Brown Brown reported that Larry Burger, City Clerk/Auditor, had
been elected to be on the Board of Directors of the Iowa Municipal Finance
Officer's Association. Burger was elected for a three year term to serve as a
Board member. Councilperson Brown congratulated Mr. Burger on his successful
election.
Kathy Oberle, 710 Forest Avenue, stated that she was not aware that the Council
was going to talk about the new sewer rate increase the previous week.
Councilperson Brown stated that he was Chairperson of the Public Works
Committee and that the sewer rate discussion would increase the rates from
$3.30 per month minimum charge to $4.00 per month. Brown continued that
another meeting has been scheduled, and no decision had been made yet.
April 25, 1988
Oral Presentations - continued
Page 7
Kathy Oberle questioned the stripping of the Rath Packing Company and whether
the City was going to press charges against Mr. Cassidy for the theft.
Tim Luce, Assistant City Attorney, stated that Mr. Cassidy was being brought up
on State charges by the County Attorney, but at this time he felt that it would
not be in the best interest of the City to go after any kind of recovery for
property loss.
Roger Shook, Police Chief, stated that IPS had filed charges for the loss of
their wiring.
Mayor McKinley stated that the City would not be pursuing any losses at this
time based on the attorney's opinion that it would cost more money to pursue
the losses than the recovery would amount to.
Kathy Oberle stated that she was not happy with the Mayor's action of last
week's meeting in her opinion of making fun of the State agency OSHA. Oberle
continued that she did not feel it was called for the Mayor to have worn a hard
hat during the Council meeting.
Mayor McKinley stated that week after week he has taken the abusive manners of
Kathy Oberle and Vonnie Jackson and he would allow that type of action no more.
He stated that anyone wanting to speak on a certain issue will be allowed to
speak to that issue, but when the subject matter turns to abusiveness, those
persons will be ruled out of order.
Vonnie Jackson, 1838 Howard Street, stated that the reason the City was not
taking any action against Mr. Cassidy and Intro Spec is because it would open
up too many names in the investigation.
Moved by Buck, seconded by Wright
to receive and file the above comments. Motion carried.
91999 - Moved by Buck, seconded by Angel
that "Resolution approving the bid of Cedar Valley Corporation in the amount of
$373,292.56 for F.Y. 1988 Lafayette and East Fourth Streets Reconstruction
Program, Contract No. 332", be adopted. Ayes: Six. Absent: Dell. (See C.R.
91962 for bid opening).
Resolution adopted and upon approval by Mayor assigned No. 1988-193.
92000 - Moved by Fox, seconded by Buck
that the Council adjourn to Executive Session.
City Attorney Hugh Field stated that labor negotiations are an allowable
subject of Executive Session per Iowa Code, Chapter 20.16. Ayes: Six.
Absent: Dell. Motion carried.
EXECUTIVE SESSION
92001 - Moved by Wright, seconded by Angel
that the Council adjourn Executive Session. Motion carried.
92002 - Moved by Buck, seconded by Angel
to reject Fact Finder's Report for the Police Protective Bargaining Unit for
contract commencing July 1, 1988 and instruct City Attorney to proceed with
fact finding. Ayes: Six. Absent: Dell. Motion carried.
92003 - Moved by Angel, seconded by Wright
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor