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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