HomeMy WebLinkAbout09/24/90September 24, 1990
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 September 24, 1990. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Dave Buck
Pledge of Allegiance: Bruce Meisinger, Budget Analyst
96406 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on September 24, 1990, at
7:00 p.m. and the Minutes of the Regular Session on September 17, 1990, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS AND BIDS
96407 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on plans, specifications,
etc., for the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2, Contract
No. 399, as published in the Waterloo Courier on September 12, 1990, be
received and placed on file. Motion carried.
96408 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there were none.
Larry P. Burger, Clerk/Auditor, stated that no bids were received for this
project. No hearing is needed due to the fact another hearing will be held on
the new plans.
Moved by Dell, seconded by Angel
that the hearing be closed. Motion carried.
PETITIONS FROM PUBLIC
96409 - Moved by Brown, seconded by Budak
that communication from City Planner transmitting request of Dixie Smith to
rezone from "R-2" One and Two Family Residential District to "C -Z" Conditional
Zoning property generally located at 2420 Kaiser Court to operate a dance
studio, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date
of hearing as October 15, 1990, at 7:00 p.m. in the City Hall Council Chambers
on the above described request", be adopted and Clerk/Auditor instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-555.
96410 - Moved by Brown, seconded by Budak
that communication from City Engineer transmitting request of Keith Shimp for a
temporary concrete driveway to be located at 1008 Ann Street, 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. 1990-556.
UNFINISHED BUSINESS
96411 - Moved by Dell, seconded by Angel
that "Resolution authorizing award of contract to E. B. Spencer Engineering
Company in the amount of $507,700.00 in conjunction with F.Y. 1990 Water
Pollution Control Plant Sludge Dewatering Improvements, Contract No. 388", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-557.
September 24, 1990 Page 2
Unfinished Business - continued
96412 - Moved by Angel, seconded by Dell
that the following proposed revisions to reinstate alley garbage collection, be
received, placed on file and approved: Garbage and refuse containers or items
for collection shall be placed within three feet of the curb in the front
parking or alley line for collection. Yard waste shall be placed within three
feet of the front parking only. No yard waste will be collected from alleys.
Alley collection for garbage and refuse will be provided only as long as the
alley is passable for the standard operating equipment used by the City. If an
alley becomes impassable due to encroachments such as fences, trees, bushes,
etc., notice will be provided to the affected properties, and if the problem is
not abated within seven days, alley service will be discontinued, and
"Resolution approving said revisions", be adopted. Ayes: Five. Nays: Fox,
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-558.
REPORTS
96413 - Moved by Fox, seconded by Brown
that communication from Clerk/Auditor transmitting Fiscal Year 1990 Street
Finance Report be received, placed on file and "Resolution approving said
report", be adopted and Clerk/Auditor instructed to file said report with the
Iowa Department of Transportation. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-559.
96414 - Moved by Fox, seconded by Brown
that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing
Certificate Program --September 1990, be received and placed on file. Motion
carried.
DOCUMENTS
96415 - Moved by Budak, seconded by Wright
that communication from Assistant City Engineer transmitting Change Order No. 1
for work to be performed by Cedar Valley Corporation for F.Y. 1990 Sidewalk
Repair Assessment Program - Zone 1, Contract No. 382, for a net decrease of
$718.32, be received, placed on file and approved and Mayor and Clerk/Auditor
authorized to execute same. Motion carried.
96416 - Moved by Budak, seconded by Wright
that communication from Assistant City Engineer transmitting Completion Report
and Recommendation of Acceptance of Work performed by Cedar Valley Corporation
in conjunction with F.Y. 1991 Sidewalk Repair Program - Zone 2, Contract No.
396, together with recommendation of approval, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-560.
96417 - Moved by Budak, seconded by Wright
that communication from Assistant City Engineer transmitting Maintenance Bond
from Cedar Valley Corporation for F.Y. 1991 Sidewalk Repair Program - Zone 2,
Contract No. 396, be received, placed on file and approved. Motion carried.
96418 - Moved by Budak, seconded by Wright
that communication from Assistant City Engineer transmitting Completion Report
and Recommendation of Acceptance of Work performed by Cedar Valley Corporation
in conjunction with F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1,
Contract No. 382, together with recommendation of approval, be received, placed
on file and "Resolution approving said documents", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted upon approval by Mayor assign 'No. 1990-561.
September 24, 1990 Page 3
Documents - continued
96419 - Moved by Budak, seconded by Wright
that communication from Assistant City Engineer transmitting Maintenance Bond
from Cedar Valley Corporation for F.Y. 1990 Sidewalk Repair Assessment Program
- Zone 1, Contract No. 382, be received, placed on file and approved. Motion
carried.
96420 - Moved by Budak, seconded by Wright
that communication from Clerk/Auditor transmitting Policy for Use of Hoods on
Parking Meters and Policy for Use of Scooters by Parking Enforcement Personnel,
together with recommendation of approval of Public Works Committee, be
received, placed on file and "Resolution approving said policies", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-562.
RESOLUTIONS TO BE ADOPTED
96421 - Moved by Fox, seconded by Brown
that "Resolution authorizing the issuance of $3,000,000 General Obligation Bond
and Grant Anticipation Project Note, Series 1990 for construction of the
Fifth -Sixth Street Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-563.
96422 - Moved by Fox, seconded by Brown
that "Resolution directing the sale and delivery of $3,000,000 General
Obligation Bond and Grant Anticipation Project Note, Series 1990, for payment
of project costs for the Fifth -Sixth Street Project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-564.
96423 - Moved by Fox, seconded by Brown
that communication from Transportation Program Manager requesting authorization
to proceed with condemnation proceedings for partial acquisition and temporary
easement for Parcel Nos. 1, 2, 4, 5, 6, 7, 7A, 8, 9, 10, 11, 12, 13, 18, 21,
22, 29, 30, 31, 32 and 33 in conjunction with Shaulis Road Reconstruction,
M-6470(5)--81-07, be received, placed on file and "Resolution authorizing said
condemnation proceedings", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-565.
96424 - Moved by Buck, seconded by Brown
that communication from the Metro Coalition for Better Streets transmitting
Resolution calling for a public referendum to authorize the imposition of a
local sales and service tax at the rate of one percent to be effective April 1,
1991", be adopted.
Prior to a vote, Larry Moser, Chairman of the Metro Coalition for Better
Streets, read a prepared statement outlining the reasons that his committee and
both the Waterloo and City Falls Chambers of Commerce supported the local
option sale and service tax. Moser continued that the resolution has been
reviewed and adopted by the Waterloo/Cedar Falls Governmental Affairs Council
and also the Board of Directors of the Waterloo and Cedar Falls Chambers of
Commerce. Moser stated that if the local option sales tax is not passed, both
cities will continue to see a deterioration of the streets in the metro area to
the point where the cities can no longer keep up with the repairs.
Vonnie Jackson, 1838 Howard Avenue, read a prepared statement asking that the
City Council not pass the resolution calling for the election. Jackson stated
that she would rather see a petition drive calling for the referendum to show a
ground swell support in the community. She stated that instead of taxing the
people with the 1 percent sales and service tax, the City should curtail the
present spending levels.
September 24, 1990 Page 4
Resolutions to be Adopted - continued
Kathy Oberle, 710 Forest Avenue and chairperson of the committee opposing a
local option sales and service tax, read various statistics regarding the
economic levels of the metro area. Ms. Oberle stated that instead of the City
Council calling for a $25,000.00 election, that the Council solicit names on a
petition to show the ground swell of support.
John Borlaug, candidate for election in the November election, asked the City
Council to hold off for one year passing the resolution calling for the
election for the sales tax.
A resident of 501 Colby Road stated that a local option sales and service tax
is a regressive tax and will hurt the less fortunate of the communities. He
also stated that the timing is not proper for the tax.
Mayor McKinley stated that it is his understanding that further information
will be coming from the committee, and that they will embark on a campaign to
educate the people of the metro area on the need for a sales and service tax.
The question was called for with the following result: Ayes: Six, Nays:
Angel.
Resolution adopted and upon approval by Mayor assigned No. 1990-566.
ORDINANCES TO BE ADOPTED
96425 - Moved by Brown, seconded by Angel
that "an Ordinance amending the Electrical Ordinance No. 2071, as amended, by
repealing Subsection (b) Classes of Licenses and Examination Fee of Section
408; and enacting in lieu thereof a new Subsection (b) Classes of Licenses and
Examination Fee to Section 408 of the Electrical Ordinance No. 2071
(examination fees for electrical contractor, maintenance license, electrical
appliance license, and electrician's license)", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
96426 - Moved by Buck, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
96427 - Moved by Budak, seconded by Wright
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.
96428 - Moved by Wright, seconded by Angel
that "an Ordinance amending the Electrical Ordinance No. 2071, as amended, by
repealing Subsection (b) Classes of Licenses and Examination Fee of Section
408; and enacting in lieu thereof a new Subsection (b) Classes of Licenses and
Examination Fee to Section 408 of the Electrical Ordinance No. 2071
(examination fees for electrical contractor, maintenance license, electrical
appliance license, and electrician's license)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3743.
96429 - Moved by Angel, seconded by Brown
that "an Ordinance amending the 1988 Traffic Code by adding a new Subsection
(43) Woodmayr Dr. to Section 545, Yield Streets; and by adding a new Subsection
(48) Woodmayr Dr. to Section 553, No Parking Here to Corner", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
September 24, 1990 Page 5
Ordinances to be Adopted - continued
96430 - Moved by Fox, seconded by Brown
that "an Ordinance amending the 1988 Traffic Code by increasing certain fines
and fees for parking violations", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
96431 - Moved by Dell, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
96432 - Moved by Brown, seconded by Wright
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.
96433 - Moved by Fox, seconded by Wright
that "an Ordinance amending the 1988 Traffic Code by increasing certain fines
and fees for parking violations", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3744.
BILLS PAYMENT
96434 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-60, in the amount of
$1,515,871.84, dated September 24, 1990, 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. 1990-567.
NEW BUSINESS
96435 - Moved by Brown, seconded by Budak
that "Resolution accepting the work for the F.Y. 1991 Sidewalk Repair
Assessment Program - Zone 1, Contract No. 382", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-568.
96436 - Moved by Brown, seconded by Budak
that "Resolution ordering preparation of final plat and schedule of assessments
for the F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract No.
382", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1990-569.
96437 - Moved by Brown, seconded by Budak
that communication from Mayor Bernie McKinley transmitting reappointment of
Thomas L. Staack, Russell D. Hayes and Robert Bradford to the Recreation and
Arts Commission for another three year term, with term expiration date of
October 1, 1993, be received, placed on file and approved. Motion carried.
96438 - Moved by Brown, seconded by Budak
that communication from Mayor Bernie McKinley transmitting reappointment of
Jack Swinehart to the Airport Commission for another six year term, with term
expiration date of July 1, 1996, be received, placed on file and approved.
Motion carried.
September 24, 1990 Page 6
New Business - continued
96439 - Moved by Brown, seconded by Budak
that communication from Mayor Bernie McKinley transmitting appointment of David
L. Takes, Barbara Blow and Mark Gardner to the Housing Board of Appeals, with
term expiration date of February 1, 1994; and the appointment of Charles Earl
Ellis, Sr. and Dolores Zevenbergen, with term expiration date of February 1,
1993, be received, placed on file and approved. Motion carried.
96440 - Moved by Brown, seconded by Budak
that communication from Director of Parks and Forestry transmitting
recommendation of appointment of Scott Allender to the position of Park
Maintenance I, effective September 25, 1990, be received, placed on file and
approved. Motion carried.
96441 - Moved by Brown, seconded by Budak
that communication from Clerk/Auditor transmitting recommendation of
appointment of Donna Wede to the position of Clerk II, be received, placed on
file and approved. Motion carried.
Travel Requests
96442 - Moved by Budak, seconded by Wright
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Dennis Damon, Police Lieutenant, to attend FBI National Academy in
Quantico, VA on September 30 -December 14, 1990, with costs not to exceed
$1,244.00, including the use of City vehicle.
2. James Boyd, Human Rights Specialist, to attend NAHRW Conference in
Louisville, KY on October 18-23, 1990, with costs not to exceed $1,212.25.
3. Suzanne Harned, Dispatcher, to attend the Dawn of the Dispatch Decade -
International Emergency Medical Dispatch Conference in San Diego, CA on
October 25-27, 1990, with costs not to exceed $710.00.
4. Larry Burger, Clerk/Auditor, to attend Iowa Municipal Finance Officers
Association Semi-annual meeting in Des Moines, IA on October 17-19, 1990,
with costs not to exceed $220.00.
5. Richard Grimm, Street Superintendent, and Ron Johnson, Street Foreman, to
attend APWA Snow Conference in Ames, IA on October 3-4, 1990, with costs
not to exceed $280.00, including the use of City vehicle.
6. Scott Clement, Ken Harkrider, Craig Hild, Leonard Caughron, Herbert
Thompson, Terry Wentz, Equipment Operator I's and II's, to attend Snow
Plow Rodeo in Ames, IA on October 3, 1990, with costs not to exceed
$492.00, including the use of City vehicle.
Motion carried.
MISCELLANEOUS
96443 - Moved by Budak, seconded by Wright
that the following beer and liquor license permit applications, be received,
placed on file and approved and endorsed applications forwarded to the Iowa
Beer & Liquor Control Department:
1. Beer License Permit Application
Class B
Waterloo Recreation Commission, Cattle Congress Grounds (Conger and
Rainbow Drive) (Seasonal) (6 months --10/1/90 - 4/1/91) (Includes Sunday
Sales)
September 24, 1990 Page 7
Miscellaneous - continued
2. Beer/Wine License Permit Application
Class E
Independence Avenue Liquors, 1825 Independence Avenue (Renewal) (Expires
9/30/91) (Includes Sunday Sales)
3. Beer and Liquor License Permit Application
Class C
Ground Round, 1425 East San Marnan Drive (Renewal) (Expires 10/31/91)
(Includes Sunday Sales)
Leroy's Pub II, 1400 East 4th Street (New) (Expires 10/1/91) (Includes
Sunday Sales)
Cadillac Bowling Lanes, 650 LaPorte Road (Renewal) (Expires 10/5/91)
(Includes Sunday Sales)
China Star Restaurant, 3840 University Avenue (New Location) (Expires
10-2-91) (Includes Sunday Sales)
Motion carried.
BONDS
96444 - Moved by Wright, seconded by Brown
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through September 24, 1990, be received, placed on file and
report and bonds approved. Motion carried.
ORAL PRESENTATIONS
96445 - Councilperson Dell stated that he hoped that the Metro Coalition for Better
Streets would put together a campaign to sell the local option sales and
service tax to the community. He stated that with the amount of money that the
sales and service tax will generate from people, not only of the community but
those from outside the community coming here to shop, the City can put together
a major street repair and reconstruction program.
Councilperson Angel stated that if the sales and service tax were used to
rebuild and pave some of the streets in low income areas that now have dirt
streets, it would be more acceptable for passage.
Police Chief Bernal Koehrsen stated that he would like to update the Council
regarding the police dog situation. Chief Koehrsen stated that one dog had
arrived but had been rejected, and two are due to arrive soon and training will
begin in the near future with the officers who will handle the dogs.
Al Manning, 919 Fairview Avenue, questioned the program of Block Grant Funding
for street repairs.
Mayor McKinley responded that there is no longer any federal funds for street
repair in the City of Waterloo.
Mayor McKinley stated that City employees and staff do not receive a lot of
recognition, but this week he received three letters complimenting City staff.
One for Jim "Smoky" Boesen of the Building Department, one for Leonard Zmolek,
Building Maintenance Supervisor, and one for Officer Steve Frost in the
Waterloo Police Department. Mayor McKinley stated that we have a fine City
staff and when people compliment the City staff, it is a great reward for his
office.
Shirley Koslowski, 816 Archer Avenue, stated that she, as in the past, will
support the local option sales and service tax and would volunteer to help with
the promotion of the tax if her schedule allows.
Moved by Dell, seconded by Brown
that the above oral comments be received and placed on file. Motion carried.
96446 - Moved by Dell, seconded by Brown
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor