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HomeMy WebLinkAbout03/14/1988March 14, 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 14, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Pack #12--Demarius Bradford, James Feist, Jackie Feist, Travis Gardner, Jason Roeding, Bruce Sanders, Derrick Stevenson, Curtis Tomkins Jr., Tony Waleski. 91698 - Moved by Wright, seconded by Buck that the Agenda, as amended, for the Regular Session on March 14, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91699 - Moved by Wright, seconded by Buck that the Minutes of the Special Session on March 2, 1988 at 5:00 p.m. and the Regular Session on March 7, 1988 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 91700 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing and taking of bids on F.Y. 1988 Lafayette and East Fourth Streets, Contract No. 332, as published in the Waterloo Courier on February 26, 1988, be received and placed on file. Motion carried. 91701 - 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 Budak that "Resolution confirming the approval of plans and specifications in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-96. 91702 - Moved by Buck, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-97. 91703 - Moved by Buck, seconded by Wright to receive, file, instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation: (Not awarded on March 14, 1988) Bidder Youngblut Contracting, Inc. Cedar Valley Corporation Motion carried. Bid Bond Bid 5% $489,228.64 5% $409,193.92 March 14, 1988 Page 2 HEARINGS 91704 - Moved by Brown, seconded by Angel that proof of publication of notice of public hearing on request of First Judicial District Department of Correctional Services to purchase City -owned parking lot generally located north of existing facility at 310-312 East Sixth Street as published in the Waterloo Courier on February 26, 1988 be received and placed on file. Motion carried. 91705 - 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 and Zoning staff be received and placed on file. Motion carried. 91706 - Moved by Wright, seconded by Brown that "Resolution authorizing sale and conveyance of City -owned property to First Judicial District Department of Correctional Services generally located north of existing facility at 310-312 East Sixth Street", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-98. 91707 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Waterloo Courier to vacate, sell and convey the alley extending northwesterly from West Fourth Street and the alley extending southwesterly from Cedar Street as published in the Waterloo Courier on March 8, 1988 be received and placed on file. Motion carried. 91708 - 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 Angel, seconded by Wright that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91709 - Moved by Buck, seconded by Angel that "an Ordinance vacating the alley extending northwesterly from West Fourth Street and the alley extending southwesterly from Cedar Street", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91710 - Moved by Wright, 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. March 14, 1988 Hearings - continued 91711 - Moved by Buck, seconded by Wright Page 3 that "an ordinance vacating the alley extending northwesterly from West Fourth Street and the alley extending southwesterly from Cedar Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3532. 91712 - Moved by Buck, seconded by Wright that "Resolution authorizing sale and conveyance of the alley extending northwesterly from West Fourth Street and the alley extending southwesterly from Cedar Street to the Waterloo Courier", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-99. ORAL PRESENTATIONS 91713 - Richard Knief, President of the Waterloo Police Protective Association, stated that the Waterloo Police Protective Association is very concerned about the process that the City's negotiating team is going through to negotiate with the Association. Knief stated that the committee seems to be inflexible on their proposals, and he didn't know if that was the Council's wish or just the committee's actions. Knief presented figures to allow the Police Department to keep the same number of officers on the street and authorize a 6 percent increase at the bargaining table. Knief stated that in the last four years, the Police Department has experienced 9 percent fewer officers and 11 percent more calls. City Attorney Hugh Field stated that no one in the City wants less police officers on the street and that is not a goal of the City's negotiating committee. Field continued that the City is not inflexible, but that the Council has certain guidelines to live within as will be discussed at the budget hearing and that the Negotiating Committee has offered the amount of money as authorized by the City Council. Field stated that if the Association wants more pay then they will have fewer officers on the street. F. J. Lynch stated that he had several ways to save tax payer's dollars which he has discussed with the Mayor and would like to present them now. They are: Tightening belts instead of always cutting the policemen and firemen first, other departments need to tighten their belts in the City operations; City should quit using salt on the streets to combat ice and also cover the salt pile that is at the Street Department; avoid wasting time with the street sweeping; look for other means of taxation, such as local option taxes; bid the insurance on a competitive basis; eliminate ice hockey; combine the jails with the County; and City politicians need to become statesmen. Mayor McKinley stated that the Council had taken action on several of these requests in last year's budget process, but as everyone will remember, the ice hockey program at McElroy Auditorium was not eliminated due to the fact that the Council Chambers was full of hockey players and also the proposed $100,000 savings in the conflict street lighting proposal was not accepted when the lights started going out. Mayor McKinley asked Mr. Lynch where he was at the time that all of this was taking place when the Council was overwhelmed with protestors. Moved by Buck, seconded by Fox that the above comments be received and placed on file. Motion carried. March 14, 1988 Page 4 PETITIONS FROM PUBLIC 91714 - Moved by Wright, seconded by Buck that communication from City Planner transmitting minor site plan amendment to move the pre-treatment plant to ajoin the main plant from Eagle Ottawa Leather Company for property generally located north of Newell Street and east of North Elk Run Road, together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-100. REPORTS 91715 - Moved by Fox, seconded by Angel that communication from Police Chief transmitting Auditor's Report of Black Hawk County Criminal Justice Information System be received and placed on file. Motion carried. 91716 - Moved by Fox, seconded by Angel that communication from Superintendent of Traffic Operations transmitting recommendation on truck traffic on Big Rock Road from the west end of the Quarry Drive to Wagner Road and on Burton Avenue from Airline Highway to the north city limits in conjunction with proposed quarry, together with recommendation to refer to City Attorney for preparation of an ordinance, be received, placed on file and City Attorney instructed to prepare ordinance accordingly. Motion carried. DOCUMENTS 91717 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting Agreement No. 88-F-005 with Iowa Department of Transportation for Independence Avenue, IX -6600(2)--79-07, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-101. 91718 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work in conjunction with West Fourth Street, Phase I, IX -6583(1)--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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-102. 91719 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work in conjunction with West Fourth Str(-t, Phase I, IX -6583(1)--79-07, for work completed by Waterloo Water Works, 1_0 received, placed on file and "Resolution approving said document", be adojttd and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approvcit by Mayor assigned No. 1988-103. March 14, 1988 Page 5 Documents - continued 91720 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work in conjunction with West Fourth Street, Phase I, IX -6583(1)--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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-104. 91721 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work in conjunction with West Fourth Street, Phase I, IX -6583(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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-105. 91722 - Moved by Budak, seconded by Wright that communication from City Planner transmitting agreement with Waterloo Courier, Inc. in conjunction with construction of addition to existing facility on Commercial Street and reconstruction of sanitary sewer on block bounded by West Park, Cedar Street and West Fourth Street, 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. 1988-106. RESOLUTIONS TO BE ADOPTED 91723 - Moved by Brown, seconded by Budak that "Resolution authorizing removal of street lights owned by Iowa Public Service Company located at northeast corner of Hammond and San Marnan, southeast corner of Kimball and Ridgeway, and on West Sixth Street between Bluff and Jefferson", be adopted and Clerk/Auditor instructed to notify IPS accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-107. 91724 - Moved by Brown, seconded by Budak that "Resolution repealing Resolution No. 1987-70 to allow for reopening of La Porte Road frontage road between Easton Avenue and Lorraine Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-108. 91725 - Moved by Brown, seconded by Budak that "Resolution authorizing condemnation proceedings for 917 and 425 Independence Avenue in conjunction with Independence Avenue Reconstruction Project, IX -6600(1)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-109. 91726 - Moved by Brown, seconded by Budak that "Resolution accepting and approving acquisition contract payments to sell real property to the City and accepting and approving certain deeds for 203 Williston Avenue, 613 Grant, 614 Bayard Street and 727 Wellington Street in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-110. March 14, 1988 Page 6 Resolutions to be Adopted - continued 91727 - Moved by Brown, seconded by Brown that "Resolution accepting and approving acquisition contract payment to sell real property to the City and accepting and approving certain deeds for 327 and 330 Cleveland Street in conjunction with Cleveland Street Reconstruction, Project, IX -6627(1)--79-07," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-111. 91728 - Moved by Brown, seconded by Budak that "Resolution accepting and approving acquisition contract payments to sell real property to the City and accepting and approving certain deeds for 1023 and 1103 Ansborough, Lot Nos. 15, 16, 17 and 18 and Lots No. 3, 4, 5, 6, 7 and 8 in conjunction with Ansborough Reconstruction Project, IX -6615(5)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-112. BILLS PAYMENT 91729 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pps. 1-49, in the amount of $430,274.27, and W900, pps. 1-3, in the amount of $190,329.25, 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. 1988-113. NEW BUSINESS 91730 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the reappointment of Jim Breckunitch and Doug Carpenter to the Plumbing Code Committee and Examining Board for another two year term, with term expiration of March 1, 1990, be received, placed on file and approved. Motion carried. 91731 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the reappointment of David C. Juon to the Civil Service Commission for another six year term, with term expiration of April 1, 1994, be received, placed on file and approved. Motion carried. 91732 - Moved by Buck, seconded by Angel that communication from Superintendent of Water Pollution Control transmitting the appointment of Howard Schmitz to the position of Operator II, Filter Building, effective immediately, be received, placed on file and approved. Motion carried. 91733 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the appointment of W. Ray Richardson to the Board of Park Commissioners effective immediately, be received, placed on file and approved. Prior to the vote, Councilperson Dell stated that he had a problem with this appointment. Dell continued that his problem was not with Mr. Richardson who he feels is a very competent and a good person, but his problem is having Mr. Richardson serve on both the Park Board and Recreation Board at the same time. March 14, 1988 91734 - New Business - continued Page 7 Mayor McKinley stated that this was the solution of the study committee that was studying the combination of the Park and Recreation Commission at the time the Director's position was open. Mayor McKinley continued that this would create needed communication between the Park and Recreation Boards. Mayor McKinley stated that Mr. Richardson is a very able bodied person and will be an asset to both Boards. Councilperson Dell stated that one of his concerns also was going from two minority representatives on the Boards to one. Mayor McKinley stated that another Park Commission appointment would be coming up in the future and that he would take into consideration the concerns of Councilperson Dell regarding minority representation. Ayes: Six. Nays: Dell. Motion carried. Mary Ann Wilson, of would object to the working with people Department "go down be appointed. 2220 Easley and a member of Green Scene, stated that she appointment of Rick Tagtow, that Mr. Tagtow has a problem . She continued that she does not want to see the Park the tube" and would strongly suggest that Mr. Tagtow not Craig Gibleon, a member of Green Scene, objected to the appointment of Rick Tagtow as Park Director. Mr. Gibleon stated that Mr. Tagtow has been trying to work with Green Scene regarding the planning and spending of money donated by Green Scene to the Forestry Division for trees and Mr. Tagtow has yet to spend it. Gibleon continued that Mr. Tagtow was not competent in the job as Forester not only regarding the trees, but also establishing an arborist, hanging signs for Tree City U.S.A., and also his ability to work with people in the community. Mr. Gibleon stated that he is aware that Mr. Tagtow is a great interviewer, but questioned whether he has the ability to follow through on his commitments. Leo Harrington, 122 Easton Avenue, asked the Council what was the rush to appoint Mr. Tagtow. He stated that it had been quite a while since former Director Bob Brooks was gone and now the City Council is trying to push through the appointment of Mr. Tagtow in one week. Mayor McKinley stated that this process had gone on long enough and that there were four gentlemen who had applied for the job, and he would recommend that we put this issue to rest and appoint Mr. Tagtow this evening. Moved by Fox, seconded by Buck that the appointment of Rick Tagtow be tabled for one week. Ayes: Fox, Buck, Brown. Nays: Dell, Angel, Wright, Budak. Motion Failed. 91735 - City Attorney Hugh Field suggested that the appointment of Rick Tagtow and his ability to do the job is a subject that can be conducted in Closed Session and suggested that the Council may want to adjourn to an Executive Session to discuss Mr. Tagtow's competency and his ability to direct the Park Department. Field continued that Mr. Tagtow would have to request a Closed Session. Mayor McKinley asked Mr. Tagtow if he would request an Executive Session to discuss his appointment as Park Director. Rick Tagtow asked that the Council adjourn to Executive Session. Moved by Angel, seconded by Buck that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. March 14, 1988 Page 8 EXECUTIVE SESSION 91736 - Moved by Angel, seconded by Wright to adjourn the Executive Session. Motion carried. 91737- Moved by Dell, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting recommendation on appointment of Rick Tagtow, with the approval of Park Board, to the position of Park Director effective immediately, be received, placed on file and approved. Ayes: Six. Nays: Buck. Motion carried. Travel Requests 91738 - Moved by Buck, seconded by Angel that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. James P. Cain, Fire Marshall, to attend Electrical Fires Hughes Institute for Continuing Education on March 21, 22, 23, 1988 in San Diego, California, with costs not to exceed $1,098. 2. Don Baruth, Police Department, to attend Civil Liability of Police Administrators Seminar on May 23-25, 1988 in Evanston, Illinois, with costs not to exceed $569.00, including the use of City vehicle. 3. Mayor Bernard L. McKinley to attend 56th Annual Conference of Mayors on June 10-15, 1988 in Salt Lake City, Utah, with costs not to exceed $1,043.00. Motion carried. MISCELLANEOUS 91739 - Moved by Buck, seconded by Angel that the following applications for Beer and Liquor Licenses, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer and Wine License Permit Application Class E Clute's Highland Market, Inc., 909 Independence Avenue (Renewal) (Expires 4/4/89) (Includes Sunday Sales) Walgreens, 2323 Crossroad Boulevard (Renewal) (Expires 4/29/89) (Includes Sunday Sales) Pester Derby #1096, 611 Rainbow (Renewal) (Expires 3/31/89) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C Porky's Red Carpet, 1449 Newell (Renewal) (Expires 4/4/89) (Includes Sunday Sales) Motion carried. BONDS 91740 - Moved by Angel, seconded that the report of City through March 14, 1988, approved. Motion carried. by Wright Attorney and list of bonds filed with Clerk/Auditor be received, placed on file and report and bonds March 14, 1988 ADJOURNMENT 91741 - Moved by Dell, seconded by Buck that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor Page 9