HomeMy WebLinkAbout03/21/1988March 21, 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 March 21, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Brown. Absent: Buck, Wright, Budak.
Invocation by: Mayor Bernard L. McKinley
Pledge of Allegiance: Pack #9.
91779 - Moved by Angel, seconded by Brown
that the Agenda, as amended, for the Regular Session on March 21, 1988, at
7:00 p.m., be accepted and approved.
Motion carried.
91780 - Moved by Angel, seconded by Brown
that the Minutes of the Regular Session on March 14, 1988, at 7:00 p.m., be
accepted and approved.
Motion carried.
ORAL PRESENTATIONS
91781 - Pat Kohlmeyer, Print Shop, was recognized for her entry to the International
Association of Printing Housing Craftsmen. Her entry was recognized as the
top award in the category of two color among some 200 entries. Larry Roy,
Vice President of the local chapter, presented Pat with her award. Mayor
McKinley commended Pat for her excellent work.
In response to a question that had been raised concerning the adoption of the
F.Y. 1989 Budget for the City of Waterloo on March 15, 1988, the Mayor asked
Assistant City Attorney Molly Frazer to comment on potential conflicts of
interest by some of the Council members who are members of the agencies or
boards that are funded by the City. Ms. Frazer commented that even though the
City Council voted on each Program Area separately, this is not a requirement
of State Code. This is merely a courtesy to the public to allow ample
opportunity for input. At the time the final budget was adopted, various
Council members abstained from that portion of the budget which they felt they
may have a conflict with. It would appear that voting in this manner would
not declare the budget void and was an appropriate action for Council members
to take.
Jimmie Porter, 527 Cottage Street, stated that he felt he had an obligation to
address comments expressed at the F.Y. 1989 budget hearing held on Tuesday,
March 15, 1988. These comments concerned funding of KBBG Communications.
Councilperson Angel and Mr. Porter exchanged comments concerning a quote in
the Waterloo Courier concerning the funding of this agency. Mr. Porter stated
that he would gladly provide anyone with a copy of the board membership of
KBBG.
Gary Cook, Director of Jesse Cosby, 1112 Mobile Street, also directed his
comments to the budget hearing of March 15, 1988. Jesse Cosby serves those
individuals who would ordinarily "fall between the cracks". He asked that
anyone interested is invited to the Center.
Councilperson Angel stated that she was not trying to diminish the importance
of the agencies. She merely stated that all Departments were instructed to
cut 6 percent from their budget. The Citizens' Budget Review Committee did
not follow this policy and instead increased the funding levels for Jesse
Cosby, KBBG Communications and Martin Luther King Center. Councilperson Angel
stated that she prefaced her remarks at the hearing by stating that all
the agencies are very worthwhile, but that they do not belong within the
structure of City government. She asked, "Where do you open and close the
doors?" to agencies that the City should help.
March 21, 1988 Page 2
Oral Presentations - continued
Jimmie Porter asked that he be allowed to address the Council on these very
issues in June, 1988.
Ernie Boykin, 530 Hope Avenue, asked for a listing of City personnel.
Moved by Angel, seconded by Dell
that the above remarks be received and placed on file.
Motion carried.
UNFINISHED BUSINESS
91782 - Eric Thorson, City Engineer, reported that three streets contained within the
oiling program were actually oiled in a wider width than the proposed
assessment reflected. As a result, the final assessments exceeded the
proposed amount, which is not authorized by Iowa State Code. By re -levying
said assessments, the property owners will experience a decrease in the
assessments they owe the City.
Moved by Brown, seconded by Angel
that communication from City Engineer transmitting revised plats and schedules
of assessments on Zuma Street from Kahler Avenue to Lafayette Street, the
alley between Evergreen and Magnolia from University to Janney, and the alley
between Kingsley and Campbell and Clough to Euclid in conjunction with F.Y.
1988 Oiling Program, Contract No. 327, be received, placed on file, and
"Resolution rescinding assessments on these three roadways", be adopted.
Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-116.
91783 - Moved by Brown seconded by Angel
that "Resolution re -levying and certifying new revised final assessments in
conjunction with F.Y. 1988 Oiling Program, Contract No. 327 for streets and
alleys listed above", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-117.
REPORTS
91784 - Moved by Fox, seconded by Angel
that the Waterloo Water Works Audit Report and Financial Statements for the
Years Ending December 31, 1987 and 1986 be received and placed on file.
Motion carried.
91785 - Moved by Fox, seconded by Angel
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing
Housing Certificate Program Report dated March 11, 1988, be received and
placed on file.
Motion carried.
PETITIONS FROM PUBLIC
91786 - Moved by Dell, seconded by Brown
that communication from City Planner transmitting special permit request of
Waterloo Community School District on behalf of Expo School for new buildings
on property generally located behind existing Expo School at 927 Franklin
Street, together with recommendation of approval of Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as April 11, 1988 on said request", be adopted and Deputy
Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent:
Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-118.
March 21, 1988
Petitions from Public - continued
91787 - Moved by Dell, seconded by Brown
Page 3
that communication from Transportation Program Manager transmitting request of
Kathie Buckholz to temporarily place signs on City right-of-way generally
located at the northwest corner of University and Fletcher Avenues in
conjunction with Ansborough Avenue, IX -6615(6)--79-07, together with
recommendation of approval of Transportation staff, be received, placed on
file and "Resolution approving said request", be adopted. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-119.
91788 - Moved by Dell, seconded by Brown
that communication from Transportation Program Manager transmitting request of
Dr. Robert E. Ebert, D.C., representing the Ansborough Plaza Business Owners,
to temporarily place signs on City right-of-way generally located along
University Avenue near the intersection of Ansborough Avenue and Fletcher
Avenue, and the intersection of Black Hawk Road and Fletcher Avenue in
conjunction with Ansborough Avenue, IX -6615(6)--79-07, together with
recommendation of approval of Transportation staff, be received, placed on
file and "Resolution approving said request", be adopted. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-120.
DOCUMENTS
91789 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting contract
for appraisal services with the Iowa DOT for Parcels 20, 30, 31, 32, 33, 34,
35, 47, 48, 49, 50, 51 and 52 for temporary and permanent easements in
conjunction with Ansborough Avenue right-of-way (North), IX -6615(5)--79-07,
together with recommendation of approval of Transportation staff, be received,
placed on file and "Resolution approving said contract", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-121.
91790 - Moved by Fox, seconded by Brown
that communication from Community Development Administrator transmitting
contract between the State of Iowa Department of Economic Development (CEBA),
the City of Waterloo and Albert Trostel & Sons, Inc. in the amount of
$275,0000, be received, placed on file and "Resolution approving said
contract", be adopted and Mayor authorized to execute same. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-122.
91791 - Eric Thorson, City Engineer stated that several of the following Change Orders
will not result in increases in contract prices. A bid item for stock -pile
materials was not contained in the Iowa Department of Transportation
specifications. As stock -pile materials are incorporated into the project,
the City will receive a credit for the amount that is used.
Moved by Fox, seconded by Brown
that communication from Associate Engineer transmitting Change Order No. 2 for
a mutual benefit for work performed by Youngblut Contracting, Inc. in
conjunction with F.Y. 1986 East Orange Road Bridge Replacement,
BRM -6460(1)--8N-07, Contract No. 274, together with recommendation of
approval, be received, placed on file and Mayor and Deputy Clerk/Auditor
authorized to execute same.
Motion carried.
March 21, 1988 Page 4
Documents - continued
91792 - Moved by Fox, seconded by Brown
that communication from Associate Engineer transmitting Change Order No. 3 for
a net increase of $10,836.94 for work performed by Youngblut Contracting, Inc.
in conjunction with F.Y. 1986 East Orange Road Bridge Replacement,
BRM -6460(1)--8N-07, Contract No. 274, together with recommendation of
approval, be received, placed on file and Mayor and Deputy Clerk/Auditor
authorized to execute same.
Motion carried.
91793 - Moved by Fox, seconded by Brown
that communication from Associate Engineer transmitting Change Order No. 2 for
a net increase of $3,919.56 for work performed by Youngblut Contracting, Inc.
in conjunction with F.Y. 1986 East Shaulis Road Bridge Replacement,
BROS-07WA(2)--8J-07, Contract No. 273, together with recommendation of
approval, be received, placed on file and Mayor and Deputy Clerk/Auditor
authorized to execute same.
Motion carried.
91794 - Moved by Fox, seconded by Brown
that communication from Associate Engineer transmitting Change Order No. 1 for
a net increase of $16,899.90 for work performed by Youngblut Contracting, Inc.
in conjunction with F.Y. 1987 Wagner Road Bridge Replacement,
BRM -6589(2)--8N-07, Contract No. 272, together withrecommendation of
approval, be received, placed on file and Mayor and Deputy Clerk/Auditor
authorized to execute same.
Motion carried.
91795 - Moved by Fox, seconded by Brown
that communication
a mutual benefit
conjunction with F
Contract No. 272,
placed on file and
Motion carried.
from Associate Engineer transmitting Change Order No. 2 for
for work performed by Youngblut Contracting, Inc. in
.Y. 1987 Wagner Road Bridge Replacement, BRM -6589(2)--8N-07,
together with recommendation of approval, be received,
Mayor and Clerk/Auditor authorized to execute same.
91796 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting
Certificate of Completion and Final Acceptance of Agreement Work in
conjunction with West Fourth Street - Phase II, IX -6587(6)--79-07, for work
completed by Waterloo Cablevision Company, be received, placed on file and
"Resolution approving said document", be adopted and Mayor authorized to
execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-123.
91797 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting
Certificate of Completion and Final Acceptance of Agreement Work in
conjunction with West Fourth Street - Phase II, IX -6587(6)--79-07, for work
completed by Northwestern Bell Telephone Company, be received, placed on file
and "Resolution approving said document", be adopted and Mayor authorized to
execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-124.
March 21, 1988
Page 5
Documents - continued
91798 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting
Certificate of Completion and Final Acceptance of Agreement Work in
conjunction with West Fourth Street - Phase II, IX -6587(6)--79-07, in
conjunction with work completed by the Waterloo Water Works, be received,
placed on file and "Resolution approving said document", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-125.
91799 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting
Certificate of Completion and Final Acceptance of Agreement Work in
conjunction with West Fourth Street - Phase II, IX -6587(6)--79-07, for work
completed by Iowa Public Service Company (Gas Division), be received, placed
on file and "Resolution approving said document", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-126.
91800 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager transmitting
Certificate of Completion and Final Acceptance of Agreement Work in
conjunction with West Fourth Street - Phase II, IX -6587(6)--79-07, for work
completed by Iowa Public Service Company (Electrical Division), be received,
placed on file and "Resolution approving said document", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-127.
91801 - Moved by Fox, seconded by Brown
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 Waterloo Cablevision, be received,
placed on file and "Resolution approving said document", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-128.
91802 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manger transmitting Statement
of Completion and Final Acceptance of Work in conjunction with Wagner Road,
IX -6589(1)--79-07, for work completed by Northwestern Bell Telephone Company,
be received, placed on file and "Resolution approving said document", be
adopted and Mayor authorized to execute same. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-129.
91803 - Police Chief Shook reported that they were requesting the approval of the
lease/purchase of a Sharp 9750 copier over a 36 -month period. Total cost of
the lease/purchase and maintenance/supplies over the three year period is
$24,285 or approximately $18.50 more per month than the current lease.
Moved by Angel, seconded by Fox
that communication from Police Chief transmitting request for authorization to
lease/purchase Sharp 9750 copier, be received, placed on file and approved.
Motion carried.
March 21, 1988 Page 6
Documents - continued
91804 - Moved by Angel, seconded by Fox
that communication from Police Chief transmitting request for authorization to
purchase MPH radar units at a total cost of $6,407.00, be received, placed on
file and approved.
Motion carried.
91805 - Moved by Angel, seconded by Fox
that communication from Superintendent of Motor Vehicle Parking transmitting
request for authorization to seek bids for scaffolding, be received, placed on
file and approved.
Motion carried.
91806 - Eric Thorson, City Engineer, stated that at the time Mobile Street was paved
last year, the sanitary sewer line serving a portion of the school was not
reconnected during the construction. As a result, it is now necessary to
restore the sanitary service line at an approximate cost of $3,000. This will
allow necessary repairs and restore the street to allow thru traffic with the
least interruption to Grant School.
Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request for authorization
to seek bids and award bid on F.Y. 1988 Grant School Sanitary Service Repair,
be received, placed on file and approved.
Motion carried.
91807 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting low bid of Cardinal
Construction Co. in the amount of $22,410.00 on F.Y. 1988 East Fifth Street
Parking Ramp Repair --Phase V, together with recommendation of approval, be
received, placed on file and approved.
Motion carried.
RESOLUTIONS TO BE ADOPTED
91808 - Kathy Oberle, 710 Forest Avenue, asked how the City of Waterloo can sell this
property when they are not the legal owners of the property. She stated that
since the City has not paid back taxes on this property, a lien still exists
and the City does not have clear title to it.
Jim Lindsey, Community Development Administrator, stated the buyers are
willing to take on the lien, thus allowing this property to be put back onto
the tax roll. Crystal Ice & Cold Storage are proposing a $250,000 investment
at the site.
General discussion was heard concerning the terms of the court decree which
stated that the City should "abate" the taxes. The definition of "abatement"
was debated.
Vonnie Jackson, 1838 Howard Avenue, asked who owns the Rath site? Del Bowers
or the City of Waterloo. Mayor McKinley interrupted Ms. Jackson by stating
that he would not allow former Mayor Del Bowers reputation to be knocked at a
meeting that he was not present. Councilperson Dell stated that he would
agree with the sale of this property and that it was better to have something
on the tax rolls than nothing at all.
Moved by Fox, seconded by Angel
that "Resolution setting date of hearing as April 4, 1988 at 7:00 p.m. in the
City Hall Council Chambers on sale of a portion of the former Rath site to
Crystal Ice & Cold Storage in the amount of $25,000.00", be adopted and Deputy
Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes:
Four. Absent: Buck, Wright, Budak.
Resolution adopted +fid upon approval by Mayor assigrri No. 1988-130.
March 21, 1988
Resolutions to be Adopted - continued
91809 - Moved by Fox, seconded by Angel
that "Resolution approving the preparation and submission of
community development objectives and projected use of funds to
of Housing and Urban Development for Federal Assistance under
Housing and Community Development Act of 1974, as amended (14th
Development Block Grant)", be adopted. Ayes: Four. Absent:
Budak.
Page 7
a statement of
the Department
Title I of the
Year Community
Buck, Wright,
Resolution adopted and upon approval by Mayor assigned No. 1988-131.
ORDINANCES TO BE ADOPTED
91810 - Moved by Dell, seconded by Angel
that "an ordinance amending the 1988 Traffic Code by adding Subsection (5b)
Big Rock Road and Subsection (7a) Burton Avenue to Section 569, Truck Traffic
Prohibited on Certain Streets", be received, placed on file, passed and
considered for the first time. Ayes: Four. Absent: Buck, Wright, Budak.
Motion carried.
91811 - In response to a question from Councilperson Brown, Bev Lind, Director, stated
that the cost of missing materials and books due to individuals not returning
them is substantial. With the adoption of this ordinance, Library staff may
issue a citation for violation of the ordinance under the Municipal Infraction
Ordinance.
Moved by Angel, seconded by Brown
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by adding Section 22-11, Return of Library Materials or
Equipment, to Chapter 22, Library", be received, placed on file, passed and
considered for the first time. Ayes: Four. Absent: Buck, Wright, Budak.
Motion carried.
BILLS PAYMENT
91812 - Moved by Angel, seconded by Fox
that "Resolution approving Schedule A918, pp. 1-49, in the amount of
$567,292.32, and Schedule W900, pp. 1-3, in the amount of $20.00, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-132.
MISCELLANEOUS
91813 - Moved by Dell, seconded by Angel
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 be received, placed on file and approved:
1. Beer License Permit Application
Class B
Byrnes Park Golf Course, 1000 Fletcher Avenue (New) (Expires 11/24/88)
(Includes Sunday Sales)
Waterloo Women's Softball Assn., Exchange Park (New) (Expires 11/1/88)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Wareco, 1008 LaPorte Road (Renewal) (Expires
Sales)
4/19/89) (Includes Sunday
March 21, 1988 Page 8
Miscellaneous - continued
3. Beer and Liquor License Permit Application
Class C
Ernie's 50's Lounge, 2000 Hawthorne (Renewal) (Expires 3/25/89)
Motion carried.
91814 - Mayor McKinley read into the record a written statement of Councilperson Buck
stating his disapproval of the extension of the Distress Sale Application for
Wayne Jones dba Super Buy Furniture, 4045 Hammond Avenue. Concerns were
raised about the continual advertising of this going out of business sale.
Councilperson Fox stated that the advertising was very misleading and may add
to the negative image of our community.
Moved by Brown, seconded by Dell
that the Application for a 30 day Extension on License for Distress Sale for
Wayne Jones dba Super Buy Furniture, 4045 Hammond Avenue, be approved as
requested.
Motion carried.
BONDS
91815 - Moved by Angel, seconded by Brown
that the report of City Attorney and list of bonds filed with Clerk/Auditor
through March 21, 1988, be received, placed on file and report and bonds
approved.
Motion carried.
ADJOURNMENT
91816 - Moved by Brown, seconded by Dell
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor