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HomeMy WebLinkAbout04/11/1988April 11, 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 11, 1988. Mayor Bernard L. McKinley in the Chair. Roll call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernie L. McKinley. Pledge of Allegiance: Pack 9, Den 1--E. J. Hopper, Mark Hopper, Odell Hopper, Andrew Kastli, Kenneth Fox, Chad Davis, Ben Guhl. 91887 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session of April 11, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91888- Moved by Angel, seconded by Wright that the Minutes, as amended, of the Regular Session of April 4, 1988, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 91889 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Larry Jones and Richard Flynn of Burger King to vacate, sell and convey the alley between University Avenue and Dundee Avenue from University Avenue south 200 feet as published in the Waterloo Courier on April 1, 1988, be received and placed on file. Motion carried. 91890 - 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 Buck, seconded by Wright that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91891 - Moved by Fox, seconded by Brown that "an ordinance vacating an alley generally located between Ansborough Avenue and Dundee Avenue from University Avenue south 200 feet", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91892 - Moved by Dell, 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: Seven. Motion carried. 91893 - Moved by Buck, seconded by Wright that "an ordinance vacating from University Avenue an alley generally located between Ansborough Avenue and Dundee Avenue south 200 feet", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3542. April 11, 1988 Page 2 Hearings - continued 91894 - Moved by Angel, seconded by Fox that "Resolution authorizing sale and conveyance of an alley generally located between Ansborough Avenue and Dundee Avenue from University Avenue south 200 feet to Larry Jones and Richard Flynn of Burger King", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-153 91895 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on special permit request of the Waterloo Community School District on behalf of Expo School for new building on property generally located behind existing Expo School at 927 Franklin Street as published in the Waterloo Courier on March 25, 1988, be received and placed on file. Motion carried. 91896 - 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 Brown that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91897 - Moved by Brown, seconded by Wright that "Resolution approving special permit request of the Waterloo Community School District on behalf of Expo School for new building on property generally located behind existing Expo School at 927 Franklin Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-154. ORAL PRESENTATIONS 91898 - Mayor McKinley stated that he might suggest that instead of bringing complaints to the Council that possibly the citizens contact their Councilperson representing their Ward prior to bringing it to the entire Council, with the possibility that the Councilperson may be able to resolve the problem without discussion at the Council table. Mayor McKinley read a proclamation proclaiming April 15, 1988 as a Day of Prayer. Councilperson Angel stated that several people had contacted her regarding the Council's action last week on the garbage and refuse (see Ordinance No. 3541) ordinance. She stated that she had a concern that when there was a controversial issue, such as this, and if it was not a unanimous vote on a certain issue such as the garbage fee increase, she would ask out of courtesy that the ordinance would not be suspended but would be read at least two weeks in a row. Angel continued that she would like to see the Council adopt this recommendation in the future to at least allow other viewpoints to be known prior to adopting an ordinance. Earl Rogers, 2705 McClain Drive, Cedar Falls, questioned why the issue of the Rath taxes was not on the City Council agenda. He continued that it is on the the Board of Supervisors agenda for Tuesday and wondered how the Supervisors could take action if the Council does not take action this evening. Mayor McKinley stated that the Supervisors probably couldn't take any action on Tuesday. April 11, 1988 Oral Presentations - continued Page 3 Kathy Oberle, 710 Forest Avenue, stated that Larry P. Burger had informed her that in order to place something on the agenda, she needed it in writing. Oberle continued that Larry P. Burger informed her if she delivered the written request by 3:30 on Friday afternoon, it would appear on the Monday evening agenda, and that Mr. Burger was playing games and needed to stop deceiving the taxpayers of the community. Vonnie Jackson, 1838 Howard Street, asked if the City Attorney would contact the County Attorney regarding the issue of ownership of Rath Packing Company. L. C. Hennessey, 319 Belmont Avenue, questioned the article in the newspaper regarding the person purchasing 125 houses in the area and fixing them up for resale. Jim Lindsey, Community Development Administrator, stated that the person is from Des Moines, and his name is Peter Kwitt of Des Moines Renovation Company. Lindsey continued that the funds in which Mr. Kwitt uses come from Section 312, HUD's Rehabilitation Section. Lindsey stated that the proposal is that Mr. Kwitt will rehabilitate the houses and then rent the houses to individuals for a two year period with approximately $600 of the rent money being placed in an escrow account to serve as a down payment for the purchase of the house at the end of the two year rental period. Lindsey stated that all the rehabilitation of the homes will be done by local contractors. Councilperson Angel questioned whether the houses then would be priced above the affordability level so the people could not buy them. Mr. Lindsey responded that it would be to Mr. Kwitt's best interest to make them affordable. L. C. Hennessey, 319 Belmont Avenue, stated that the Citizens for Fair Employment needed to state their true feelings regarding IBP. Hennessey continued that the dye has been cast and that the Citizens for Fair Employment need to close the book on IBP. Hennessey continued that maybe the Citizens for Fair Employment need to go after some of the other injustices in the community. Donna Vollenweider of the Citizens for Fair Employment stated that she was very offended by Mr. Hennessey's comments. Vollenweider stated that her group is concerned for the community and for the employed people of the community, that they are not just going after IBP. Earl Rogers, 2705 McClain Drive, Cedar Falls, stated that according to Section 569 of the Iowa Code Acquisition of Properties that Mayor Bowers had acted improperly by bidding on Rath and obligating the citizens of the City without prior approval from the City Council. Rogers continued that he would certainly hope that this present Mayor would not ever place the Council in the same situation. City Attorney Hugh Field stated that there are no specific procedures of the Iowa Code concerning a City's acquisition of property. Mayor McKinley stated that the City of Waterloo has the opinion from Assistant City Attorney Tim Luce that the City is the proper owner of the former Rath Packing Company property, and that the City will continue to conduct business as if they are the owner of the Rath Packing Company. Mayor McKinley stated that if Earl Rogers, Kathy Oberle and Vonnie Jackson have a problem with that opinion then there are other means available to them to resolve what they feel is a problem, and that the City Council is no longer going to discuss the ownership of the Rath property at a Council meeting. Moved by Buck, seconded by Angel that the above comments be received and placed on file. Motion carried. April 11, 1988 Page 4 UNFINISHED BUSINESS 91899 - Moved by Wright, seconded by Angel that bids opened on March 14, 1988 in conjunction with F.Y. 1988 Lafayette and East Fourth Streets Reconstruction Program, Contract No. 332, be received, placed on file and Clerk/Auditor instructed to return said documents to the bidders. Motion carried. 91900 - Moved by Buck, seconded by Angel that the City Engineer be instructed to prepare plans, specifications, etc. in conjunction with F.Y. 1988 Lafayette and East Fourth Streets Reconstruction Program, Contract No. 332, be received and placed on file. Motion carried. 91901 - Moved by Angel, seconded by Fox that "Resolution preliminarily approving plans, specifications, etc. for F.Y. 1988 Lafayette and East Fourth Streets Reconstruction Program, Contract No. 332", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-155. 91902 - Moved by Brown, seconded by Wright that "Resolution setting date of hearing and taking of bids as April 25, 1988 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1988 Lafayette and East Fourth Streets Reconstruction Program, Contract No. 332", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-156. PETITIONS FROM PUBLIC 91903 - Moved by Angel, seconded by Wright that communication from Transportation Program Manager transmitting request from Decathlon Club to temporarily place signs at the southwest corner at University and Ansborough and the southeast corner at University and Fletcher, together with recommendation of approval of City staff, subject to hold harmless stipulation, in conjunction with Ansborough Avenue, IX -6615(6)--79-07, be received, placed on file and "Resolution approving said request", be adopted. Prior to the vote, Councilperson Buck stated that he had reviewed the area under question and that there are several pot holes in need of repair. Bob Stevenson, Transportation Program Manager, stated that his Department is working with the merchants in the area and supplying materials for the patching of the pot holes. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-157. 91904 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting request of Daniel Etringer for temporary concrete driveway to be located at 1635 Plymouth Avenue, without regard to sidewalk grade, 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. 1988-158. April 11, 1988 REPORTS Page 5 91905 - Don Hoth, Chairperson of the Municipal Power Study Committee, asked that the recommendations of the Committee be received and filed and not approved based on the possibility that the Committee be reconvened at the Mayor's pleasure. Hoth continued that his Committee looked at two different issues. The first issue was 1) Should a feasibility study be conducted regarding the recommendation that IPS be purchased by the City of Waterloo and be made a municipal utility. 2) The determination on the recommendation of a municipally owned utility. Hoth stated that the answers to those issues resulted in the Committee's vote that a feasibility study was not necessary at this time and that IPS be granted a 20 year non-exclusive franchise. Councilperson Buck asked Mr. Hoth if he remembered what the vote was on the decisions. Don Hoth stated that he believed the vote was 19 to 1 for approval of the report. Hoth continued that he did not vote on the Committee (unless necessary for a tie breaker) but he did support the report as submitted. Mayor McKinley stated that Don Hoth and the Committee had done an excellent job and had submitted a sterling report. Mayor McKinley continued that in his opinion, the report has saved taxpayers thousands of dollars. Councilperson Wright stated that she felt the report was very thorough and that she was in favor of maintaining the Committee for the future studies of the franchise agreement. Ruth Anderson, a member of the Committee, commended Don Hoth for his report and felt that Mr. Hoth was the fairest Chairperson that she had ever been associated with on a committee. Ms. Anderson stated that her objection to the report was the Minority Report section, and she objected to the manner in which the Minority Report surfaced. Moved by Wright, seconded by Angel that the reports and recommendations of the Municipal Power Study Committee be received and placed on file. Motion carried. DOCUMENTS 91906 - Moved by Brown, seconded by Budak that communication from Associate Engineer transmitting Change Order No. 1 for a net increase of $3,225.00 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. 91907 - Moved by Brown, seconded by Budak that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance for F.Y. 1988 Salvaged Asphalt Crushing, Contract No. 342, for work completed by Aggrecon Corporation, be received, placed on file and "Resolution approving said document", be approved. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-159. April 11, 1988 Page 6 Documents - continued 91908 - Moved by Brown, seconded by Budak that communication from Transportation Program Manager transmitting Statement of Completion and Final Acceptance of Work in conjunction with Wagner Road, IX -6589(1)--79-07, for work completed by Chicago Central & Pacific Railroad Company, 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. 1988-160. 91909 - Moved by Brown, seconded by Budak that communication from Transportation Program Manager transmitting Statement of Completion and Final Acceptance of Work in conjunction with Kimball Avenue (North - from Morgan Road to Bertch Avenue), M-6641(3)--81-07, for work completed by Schenk Engineering Company, 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. 1988-161. 91910 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting an Agreement for use of City Street for a Detour with the State for use of Wagner Road from Highway 57 to the north corporate limits in conjunction with reconstruction of Highway 218 railroad crossing in Cedar Falls, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-162. 91911 - Moved by Brown, seconded by Budak that communication from Transportation Program Manager transmitting recommendation of acceptance of low bid of Viking Installation, Inc. of Waterloo, Iowa, in the amount of $5,745.00 and execution of Asbestos Removal Contract "A -88(A)" in conjunction with Ansborough North and Independence Avenue, 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 of Mayor assigned No. 1988-163. RESOLUTIONS TO BE ADOPTED 91912 - Moved by Dell, seconded by Angel that "Resolution setting date of hearing as April 25, 1988 at 7:00 p.m. in the City Hall Council Chambers on the proposed issuance of $8,000,000.00 City of Waterloo Industrial Development Revenue Bond for Albert Trostel & Sons Company", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-164. 91913 - Moved by Dell, seconded by Angel that application for Federal assistance for FAA AIP Project No. 3-19-0094-06 for work to be done at Airport for extension of Runway 18-36 and Taxiway "C", be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-165. April 11, 1988 Page 7 Resolutions to be Adopted - continued 91914 - Moved by Dell, seconded by Angel that "Resolution approving Annual Housing Voucher Program with U.S. units of Section 8 Housing Vouchers Authority", be adopted and Mayor Seven. Contributions Contract Part I for Department of HUD for 50 additional with City acting as Waterloo Housing authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1988-166. ORDINANCE TO BE ADOPTED 91915 - Moved by Angel, seconded by Wright that "an ordinance amending the 1988 Traffic Code by adding Subsection (5a) Alley Running North-South from Dane Street to Argyle Street to Section 551, Parking Prohibited at All Times on Certain Streets", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91916 - 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: Seven. Motion carried. 91917 - Moved by Fox, seconded by Angel that "an ordinance amending the 1988 Traffic Code by adding Subsection (5a) Alley Running North-South from Dane Street to Argyle Street to Section 551, Parking Prohibited at all Times on Certain Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3543. BILLS PAYMENT 91918 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-54, in the amount of $851,605.75 and Schedule W900, pp. 1-4, in the amount of $27,979.92, 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. 1988-167. Travel Requests 91919 - Moved by Fox, seconded by Buck that the following requests for travel with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mohammad Elahi, Associate Engineer, to attend a Traffic Conflict Techniques for Safety Analysis course on April 26 - 28, 1988 in Des Moines, Iowa, with costs not to exceed $240.00, including the use of City vehicle. 2. Mayor Bernie McKinley, Larry Burger, Clerk/Auditor, Don Temeyer, Planning and Development Director, to attend annual review with Moodys Financial Services and various Insurance Services on May 19 and 20, 1988 in New York, New York, with costs not to exceed $565.00 each. Motion carried. April 11, 1988 Page 8 MISCELLANEOUS 91920 - Moved by Fox, seconded by Buck 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: 1. Beer License Permit Application Class B Waterloo Softball Association, Inc., Corner of Burton & Longfellow (New) (Expires 10/22/88) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C The Block, 809-811 East 4th Street (New) (Expires 4/13/89) (Includes Sunday Sales) Silver Fox, 916 West 5th Street (Renewal) (Expires 5/6/89) (Includes Sunday Sales) Fortune's Tavern, 328 Elm Street (Renewal) (Expires 5/1/89) Motion carried. BONDS 91921 - Moved by Angel, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk/Auditor through April 11, 1988, be received, placed on file and report and bonds approved. Motion carried. 91922 - Moved by Brown, seconded by Wright 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: Seven. Motion carried. EXECUTIVESESSION 91923 - Moved by Fox, seconded by Wright that the Council adjourn Executive Session. Motion carried. 91924 - Moved by Dell, seconded by Angel that the City Attorney be instructed to proceed with labor negotiations. Motion carried. ADJOURNMENT 91925 - Moved by Brown, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor