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HomeMy WebLinkAbout09/10/90September 10, 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 10, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Brown, Budak, Dell, Wright, Fox, Angel and Buck. Invocation by: Councilperson Angel. Pledge of Allegiance: Assistant Chief Meyer. 96332 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on September 10, 1990, at 7:00 p.m. be approved. Motion carried. 96333 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session held on September 4, 1990, at 7:00 p.m. be approved. Motion carried. 96334 - Mayor McKinley reported that Rick Tagtow, Director of Parks and Forestry, was recently elected to the Board of the International Society of Arboriculture. Mr. Tagtow was congratulated for this honor. HEARINGS AND BIDS 96335 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on F.Y. 1990 Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388, as published in the Waterloo Courier on August 21, 1990, be received and placed on file. Motion carried. 96336 - 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 Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-529. 96337 - Moved by Angel, seconded by Brown to receive, file and instruct Clerk/Auditor to open and read bids for the F.Y. 1990 Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388, and refer to City Engineer for review and recommendation: (award of contract delayed until September 17, 1990) Bidder Bid Bond Total Bid E.B. Spencer Engineering Co. 5% $507,700.00 Motion carried. 96338 - Moved by Brown, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids for the F.Y. 1990 Rehabilitation Paving Program, Contract No. 353, (public hearing held on August 27, 1990) and refer to City Engineer for review and recommendation: (award of contract delayed until September 17, 1990) Bidder Bid Bond Total Bid Aspro, Inc. and Subsidiaries 5% $477,580.40 Motion carried. September 10, 1990 Page 2 96339 - Moved by Dell, seconded by Budak that proof of publication of notice of public hearing on the lease purchase of four side loading garbage trucks for the Street Department, as published in the Waterloo Courier on August 31, 1990, be received and placed on file. Motion carried. 96340 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Kathy Oberle, 710 Forest Avenue, requested that the lease purchase of these vehicles be explained. Dick Grimm, Street Superintendent, reported that the purchases had previously been approved for two garbage packers from Eddie Walker Equipment Co. and at cost of $99,639 each and two packers from Waterloo Truck Sales and Service, Inc. at a unit price of $95,845. These units will be used in conjunction with the collection of yard waste. Moved by Brown, seconded by Dell that the hearing be closed and the above comments be received and placed on file. Motion carried. 96341 - Moved by Fox, seconded by Angel that "Resolution approving lease purchase of four side loading garbage trucks, two each from Waterloo Truck Sales & Service and Eddie Walker Equipment Co., for the Street Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-530. HEARINGS 96342 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Public Works Department to vacate portions of West Thirteenth and West Fourteenth Streets north of Black Hawk Street and the portion of River Street from West Fourteenth to West Fifteenth Streets, as published in the Waterloo Courier on August 24, 1990, be received and placed on file. Motion carried. 96343 - 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 Buck, seconded by Angel that the hearing be closed and to receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Motion carried. 96344 - Moved by Angel, seconded by Dell that "an Ordinance vacating portions of West Thirteenth and West Fourteenth Streets north of Black Hawk Street and the portion of River Street from West Fourteenth to West Fifteenth Streets", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96345 - 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. 96346 - Moved by Fox, seconded by Dell than 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. 96347 - Moved by Dell, seconded by Wright that "an Ordinance vacating portions of West Thirteenth and West Fourteenth Streets north of Black Hawk Street and the portion of River Street from West Fourteenth to West Fifteenth Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3740. September 10, 1990 Page 3 96348 - Moved by Brown, seconded by Wright that proof of publication of notice of public hearing on request of Phillip Hamilton to vacate, sell and convey unimproved Eola Street, Hutchman Avenue and the portion of Creston Avenue located between Osage Avenue and Dubuque Road, as published in the Waterloo Courier on August 24, 1990, be received and placed on file. Motion carried. 96349 - 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 Brown, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 96350 - Moved by Budak, seconded by Brown that "an Ordinance vacating unimproved Eola Street, Hutchman Avenue and the portion of Creston Avenue located between Osage Avenue and Dubuque Road", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96351 - 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. 96352 - Moved by Wright, seconded by Brown 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. 96353 - Moved by Wright, seconded by Dell that "an Ordinance vacating unimproved Eola Street, Hutchman Avenue and the portion of Creston Avenue located between Osage Avenue and Dubuque Road", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3741. 96354 - Moved by Budak, seconded by Brown that "Resolution authorizing sale and conveyance of unimproved Eola Street, Hutchman Avenue and the portion of Creston Avenue located between Osage Avenue and Dubuque Road to Phillip Hamilton, in the total amount of $3,264.38, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-531. 96355 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of John Todalen to vacate 14 feet of sidewalk adjoining the west side of property located at 1230 Avon Avenue, as published in the Waterloo Courier on August 24, 1990, be received and placed on file. Motion carried. 96356 - 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 Brown, seconded by Budak that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. September 10, 1990 Page 4 96357 - Moved by Fox, seconded by Dell that "an Ordinance vacating 14 feet of sidewalk adjoining the west side of property located at 1230 Avon Avenue", be received, placed on file, considered, and passed for the first time. Ayes: Seven. Motion carried. 96358 - 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. 96359 - Moved by Wright, seconded by Brown 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. 96360 - Moved by Dell, seconded by Wright that "an Ordinance vacating 14 feet of sidewalk adjoining the west side of property located at 1230 Avon Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3742. PETITIONS FROM PUBLIC 96361 - Moved by Budak, seconded by Wright that communication from City Planner transmitting signing request of National Cattle Congress to temporarily place signs on City right-of-way in conjunction with Relocated U.S. Highway 218 Project, IX -218-7(78)--3P-07, 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. 1990-532. 96362 - Moved by Budak, seconded by Wright that communication from City Engineer transmitting request of Jim Kenyon for a temporary concrete driveway to be placed at 3260 Logan Avenue, 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. 1990-533. 96363 - Moved by Budak, seconded by Wright that communication from Transportation Program Manager transmitting request of Cedar Valley Corporation for a variance to Chapter 25.5 of the Noise Control Ordinance to conduct sawing operations in conjunction with West Ridgeway Avenue Reconstruction, Contract No. 383, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-534. DOCUMENTS 96364 - The Mayor announced that the time had arrived for discussion on the predesign agreements with the Iowa Department of Transportation Nos. 90-A-149 and 90-A-189. Kathy Oberle, 710 Forest Avenue, requested an explanation on the above agreements. Bob Stevenson, City Planner, stated that the first agreement provides for additional sewer work along the Highway Corridor with the State reimbursing the City for the design inspection costs of a sanitary sewer line on the Weissman property. Tne second agreement deals with the reconstruction of Westfield and Falls Avenue between the Deere plant and Relocated U.S. Highway 218. Mr. Stevenson explainedthat prior to the agreement, the State was not participating in any of the cost of the project. Kathy Oberle responded that September 10, 1990 Page 5 the additional cost to the City actually reflects additional costs to the tax payers. She also eluded to the Sixth Street Project as being unnecessary. Mayor McKinley indicated that the Sixth Street Extension Project is probably one of the most important tools the City has to promote economic development. Councilperson Wright also defended the construction of the Sixth Street Extension. Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Addendum to Predesign Agreement 90-A-149 with the Iowa Department of Transportation for additional storm and sanitary sewers in conjunction with Relocated U.S. Highway 218 Project, IX -218-7(78, 108, 132)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said Addendum to Predesign Agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-535. 96365 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Addendum to Predesign Agreement 90-A-189 with the Iowa Department of Transportation for construction of bikepath along U.S. Highway 218 project and construction of Relocated Westfield Avenue in conjunction with Relocated U.S. 218, IX -218-7(63)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said Addendum to Agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-536. 96366 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase of $3,017.82 for work to be performed by Cedar Valley Corporation for F.Y. 1991 Sidewalk Repair Program - Zone 2, Contract No. 396, together with recommendation of approval, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96367 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Change Order No. 3 for a net increase of $4,205.31 for work to be performed by Cedar Valley Corporation for F.Y. 1991 Sidewalk Repair Program - Zone 2, Contract No. 396, together with recommendation of approval, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96368 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract E -90(D) to Lehman Trucking and Excavating in conjunction with Sixth Street Extension, IX -6604(2)--79-07, 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. 1990-537. RESOLUTIONS TO BE ADOPTED 96369 - Moved by Fox, seconded by Budak that "Resolution fixing date of hearing as September 17, 1990, on the proposition to issue $3,000,000 General Obligation Bonds for an Essential Corporate Purpose for construction of the West Fifth and Sixth Street project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-538. September 10, 1990 Page 6 BILLS PAYMENT 96370 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1 - 51, in the amount of $1,524,824.90, dated September 10, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon NEW BUSINESS 96371 - Moved by Brown, seconded by that communication from appointment of John Mozena placed on file and approved approval by Mayor assigned No. 1990-539. Wright City Engineer transmitting recommendation of to the position of Associate Engineer, be received, . Motion carried. 96372 - Moved by Brown, seconded by Wright that the following travel requests, with expenses not to -exceed amount shown, be received, placed on file and approved: 1. John Daws, Tim Pillack, Cliff Caughron & Cheryl Rathe, to attend Juvenile Substance Abuse Conference in Ames, Iowa, on September 19-20, 1990, with costs not to exceed $489.00, including the use of City vehicle. 2. Robert Boeck, Fire Lieutenant, to attend Interpersonal Dynamics Fire Service Organization in Emmitsburg, Maryland on September 17-28, 1990, with costs not to exceed $159.60. 3. Dennis Moore, Battalion Chief, and Thomas Lanigan, Fire Equipment Operator, to attend 8th Annual Arson Seminar and Annual Meeting of Iowa Chapter of International Association of Arson Investigation in Marshalltown, Iowa, on September 24-26, 1990, with costs not to exceed $230.00, including the use of City Vehicle. 4. Paul Huting, Superintendent of Resources, to attend Iowa Parks & Recreation Association Annual Fall Workshop in Des Moines, Iowa, on September 19-20, 1990, with costs not to exceed $112.00, including the use of City vehicle. 5. Richard Carlson, Facilities Coordinator, to attend Iowa Parks and Recreation Association Annual Fall Workshop in Des Moines, Iowa, on September 19-20, 1990, with costs not to exceed $105.00, including the Use of city vehicle. Motion carried. MISCELLANEOUS 96373 - Moved by Brown, seconded by Wright 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 License Permit Application Class B Pizza Hut, 714 LaPorte Road (Renewal) (Expires 11/9/91) (Includes Sunday Sales) Pizza Hut, 1130 Ansborough Avenue (Renewal) (Expires 11/9/91) (Includes Sunday Sales) 2. Beer License Permit Application Class C Wareco, 1355 Lafayette Street (Renewal) (Expires 10/14/91) (Includes Sunday Sales) 3. Beer ec Wine License Permit Application Class E Quik Trip, 1976 Franklin (Renewal) (Expires 10/24/91) (Includes Sunday Sales) September 10, 1990 Page 7 4 Beer & Liquor License Permit Application Class C Casey's 218 Pub, 4010-4014 University (Renewal) (Expires 10/1/91) (Includes Sunday Sales) Fitzgerald's Grill & Pub, 360 East Ridgeway Avenue (New) (Expires 11/1/91) (Includes Sunday Sales) Motion carried. BONDS 9f,374 - Move•d by Buck, seconded by Wright thatthe report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 10, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL, PRESENTATION 9f, 375 - Fred Schuster, 1906 Rainbow Drive, asked what the City was doing in terms of fuel efficiency in light of the recent crisis in the middle east. Larry Cunningham, Superintendent of the Central Garage, stated that we are encouraging driver practices that relate to fuel efficiency, purchase down -size vehicles when appropriate and available, and purchase fuel efficient engines and transmissions. Paul Jamieson, 815 W. First Street, again expressed concerns about the highway construction near the intersection of Relocated U.S. Highway 218 and Highway 63. He eluded to previous conversations of several months ago to the Council concerning the design and expressed dismay that no changes had been made. He stated that this was the poorest planning he has ever seen by creating difficult internal traffic movement in the South Street area. A resident on Indiana Avenue stated that the owner of a building at 521 Independence Avenue had moved the contents of the house onto the street corner, awaiting pickup by Operation Pride crews. She reported that it is unsightly to the neighborhood and expressed dismay that it took so long to have the items removed. Dick Grimm, Superintendent of Streets, reported that citizens must call prior to the placement of items on the curb for pick up. Considerable back log exists making it difficult to answer all calls when requested. Mr. Grimm will look into the situation and get the items removed as soon as possible. Karen West, 420 Dunham Place, submitted a petition asking that the City pump Lafayette Park thus removing the water that has been sitting in the park area since June 16th. The petition was received and filed and referred to City officials. Al Manning, 919 Fairview Avenue, stated that the City's previous practice of the fall and spring clean up weeks greatly reduced the unsightliness of garbage springing up on curbs. Rather, it was done in a one week span causing a leas negative visual impact. M. Smelzer, Regal, suggested that the City consider a lesser number of adult animals to reside in any residential home. He also suggested that the City consider a city manager form of government. Mayor McKinley stated that a change would require the submission of a petition and an eventual vote by residents. Kathy Oberle, 710 Forest, questioned City employees getting a special discount from Sam's Discount Store in Cedar Rapids. Larry Burger, City Clerk/Auditor, reported that his office nor Personnel supplied the names of our City employees to them. He is not aware of anyone else who might have been involved. Moved by Brown, seconded by Angel that the above comments be received and placed on file. Motion carried. September 10, 1990 Page ADJOURNMENT 96376 - Moved by Brown, seconded by Angel that the Council adjourn. Larry P. Burger City Clerk/Auditor