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HomeMy WebLinkAbout08/20/90August 20, 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 August 20, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor McKinley Pledge of Allegiance: A Boy Scout Troop 96223 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on August 20, 1990, at 7:00 p.m., and the Minutes of the Regular Session on August 13, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 96224 - Moved by Dell, seconded by Budak that proof of publication of notice of public hearing on sale and removal of various residential houses and garages, as published in the Waterloo Courier on August 1, 1990, be received and placed on file. Motion carried. 96225 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, presented the Abstract of Bids received on said houses and garages. It was the recommendation of the Planning staff that the bid for 1018 Janney Avenue submitted by Pramod Sarin for Item No. 2 of Group B-90 be rejected. With the assistance of federal funds, the property was improved, including basement facilities. Moved by Brown, seconded by Angel to receive and place on file bids for the following Group A-90 Houses: 626 Wellington, 3912 Sager Avenue, 1030 Progress Avenue, 1215 South Hackett, 1027-29 Progress Avenue, 618 Wellington Court, 408 Bayard (garage), 3912 Sager (garage) and 1030 Progress (garage), and Group B-90 Houses and properties: 1023 Ansborough Avenue and 1018 Janney Avenue. Motion carried. 96226 - Moved by Angel, seconded by Wright that communication from City Planner transmitting bid tabulations and recommending approval of the following bids be received, placed on file and bid for 1018 Janney Avenue submitted by Pramod Sarin for Item No. 2 of Group B-90 be rejected, and "Resolution authorizing sale and conveyance of the following structures to the bidder indicated and amount listed", GROUP A-90 HOUSES Item No. 1 1 2 3 4 5 6 Address 626 Wellington 3912 Sager Avenue 1030 Progress Avenue 1215 South Hackett 1027-29 Progress Ave. 618 Wellington Court GROUP A-90 GARAGES 7 8 9 409 Bayard 3912 Sager 1030 Progress GROUP B-90 HOUSES Name of Bidder(s) Full Amount (no bid received) Francis Dilley Melinda Vauthier Larry & Barb Wandro Lois Reiger H. Ray Hulce Bill Farly Otis Gaston John Eveland $ 2,500.00 4,310.00 8,501.00 10,660.00 110.00 251.00 650.00 150.00 1 1023 Ansborough Avenue John & Ruth Northness 16,158.00 be adopted and City Attorney instructed to prepare and deliver bills accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-488. of sale August 20, 1990 Page 2 HEARINGS 96227 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Mr. and Mrs. David Rapp to vacate three feet of the eight foot platted utility easement located along the west lot line of property at 1539 Oriole Avenue, as published in the Waterloo Courier on August 10, 1990, be received and placed on file. Motion carried. 96228 - 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 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. 96229 - Moved by Fox, seconded by Angel that "an Ordinance vacating three feet of the eight foot platted utility easement located along the west lot line of property at 1539 Oriole Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96230 - 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. 96231 - Moved by Angel, seconded by Dell 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. 96232 - Moved by Brown, seconded by Dell that "an Ordinance vacating three feet of the eight foot platted utility easement located along the west lot line of property at 1539 Oriole Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3735. 96233 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Steamboat Garden, Inc. to sell and convey a portion of former Cleveland Street right-of-way generally located adjacent to 1740 Falls Avenue, as published in the Waterloo Courier on August 10, 1990, be received and placed on file. Motion carried. 96234 - 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 Wright that the hearing be closed. Motion carried. 96235 - Moved by Budak, seconded by Brown that "Resolution authorizing sale and conveyance of Cleveland Street right-of-way generally located adjacent to Steamboat Garden, Inc. in the amount of $2,750.00", Attorney instructed to prepare and deliver a deed Seven. a portion of former to 1740 Falls Avenue be adopted and City accordingly. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1990-489. August 20, 1990 Hearings - continued 96236 - Moved by Angel, seconded by Wright Page 3 that proof of publication of notice of public hearing on proposed amendments to F.Y. 1991 Operating Budget, as published in the Waterloo Courier on August 3, 1990, be received and placed on file. Motion carried. 96237 - 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 Dell that the hearing be closed. Motion carried. 96238 - Moved by Brown, seconded by Dell that "Resolution amending the F.Y. 1991 Operating Budget", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-490. PETITIONS FROM PUBLIC 96239 - Moved by Dell, seconded by Angel that communication from City Planner transmitting 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, together with the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 10, 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. 1990-491. 96240 - Moved by Dell, seconded by Angel that communication from City Planner transmitting request of Public Works Department to vacate the portions of West Twelfth, West Thirteenth, and West Fourteenth Streets north of Black Hawk Street and the portion of River Street from West Fourteenth to West Fifteenth Streets, together with the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 10, 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. 1990-492. 96241 - Moved by Dell, seconded by Angel that communication from City Planner transmitting request of John Todalen to vacate 14 feet of sidewalk adjoining the west side of property located at 1230 Avon Avenue, together with the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 10, 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. 1990-493. 96242 - Moved by Dell, seconded by Angel that communication from City Engineer transmitting request of Randall Wallace for temporary concrete driveway to be located at 2035 Mitchell 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. 1990-494. August 20, 1990 REPORTS Page 4 96243 - Moved by Wright, seconded by Budak that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --July 1990, be received and placed on file. Motion carried. DOCUMENTS 96244 - Moved by Wright, seconded by Budak that communication from City Planner transmitting Preliminary Plat of Pine Hill Addition, together with Deed of Dedication, Report of the City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-495. 96245 - Moved by Wright, seconded by Budak that communication from Transportation Program Manager transmitting an application to perform work within state highway right of way to enter state property south of Ridgeway Avenue between West Fourth Street and U.S. Highway 63 in conjunction with West Ridgeway Avenue Reconstruction, Contract No. 383, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-496. 96246 - Moved by Wright, seconded by Budak that communication from Assistant City Engineer transmitting construction plans for Fairview Avenue sanitary sewer extension for Mt. Village Housing Corporation and treatment agreement DNR Form 29 with the Department of Natural Resources, together with recommendation of approval, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 96247 - Moved by Wright, seconded by Budak that communication from City Engineer transmitting release deed with the Chicago and North Western Transportation Company for property located in the 100 block of East Sixth Street, together with recommendation of approval, be received, placed on file and "Resolution approving said deed", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-497. RESOLUTIONS TO BE ADOPTED 96248 - The Mayor announced that time had arrived for discussion on the rates for whole sale and suggested retail prices for yard waste bags. Councilperson Fox, Chairperson of the Public Works Committee, stated it was the committee's recommendation that the proposed wholesale price for yard waste bags be set at $1.10 and the suggested retail price be set at $1.20, plus tax. Kathy Oberle, 710 Forest Avenue, suggested that the City consider Goodwill Industries as the only distributor of the bags. John Meyer, Public Works Director, stated that the City has worked very closely with Goodwill who has agreed to distribute the bags at a cost of 9 1/2 cents for each bag. Goodwill will distribute them to their existing can and redemption centers and will make available to other retailers the bags if they wish to pick them up. Mr. Meyer reported that in speaking with various retailers in the community, some have indicated a willingness to use them as August 20, 1990 Resolutions to be Adopted - continued Page 5 a promotion or even give them away free. Mr. Meyer reported that the cost of the bag may vary in future years depending on the number of bags that are purchased. If bags are used in larger quantities, the price will be reduced accordingly. Joe Polk, 425 Logan, stated that he did not believe the system would work, particularly for renters. Forest Dillavou, 1725 Huntington Road, asked if there will be a separate pick up for yard waste. Mr. Meyer indicated that state law mandates that a separate yard waste collection be provided. Mr. Dillavou responded that in many areas of the community, trucks will be driving the streets with no pick ups. Moved by Fox, seconded by Angel that "Resolution establishing rates for wholesale and suggested retail price of yard waste bags as $1.10 and $1.20, respectively", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-498. ORDINANCES TO BE ADOPTED 96249 - Moved by Buck, seconded by Angel that "an Ordinance vacating the sidewalk adjoining property at 930 Kingsley Avenue --Irene Moody", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 96250 - Moved by Wright, seconded by Brown that "an Ordinance vacating the sidewalk adjoining property at 930 Kingsley Avenue --Irene Moody", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3736. 96251 - Moved by Budak, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 28 to Section 2A -7N, Conditional Zoning Certain Property --Randy Fratzke", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 96252 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96253 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 96254 - Moved by Brown, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 28 to Section 2A -7N, Conditional Zoning Certain Property --Randy Fratzke", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3737. 96255 - Moved by Dell, seconded by Angel that "an Ordinance vacating the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove --Robert Van Nevele and others", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. August 20, 1990 Page 6 Ordinances to be Adopted - continued 96256 - Moved by Wright, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96257 - Moved by Budak, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 96258 - Moved by Angel, seconded by Brown that "an Ordinance vacating the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove --Robert Van Nevele and others", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3738. 96259 - Moved by Buck, seconded by Wright that "Resolution authorizing the sale and conveyance of the unimproved portion of Ogden Avenue between Dearborn Avenue and Cottage Grove Avenue to Robert Van Nevele and others", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 1990-499. 96260 - Moved by Fox, seconded by Brown that "an Ordinance amending City Zoning Ordinance No. 2479, as amended, to allow a recording studio as a permitted use in a "R-4" Multiple Family Residential District --Jeff Isaacs", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 96261 - Moved by Brown, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96262 - Moved by Dell, seconded by Wright that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 96263 - Moved by Brown, seconded by Angel that "an Ordinance amending City Zoning Ordinance No. 2479, as amended, to allow a recording studio as a permitted use in a "R-4" Multiple Family Residential District --Jeff Isaacs", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3739. BILLS PAYMENT 96264 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-40, in the amount of $254,939.50, dated August 20, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-500. NEW BUSINESS 96265 - Moved by Wright, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 1991 Big Rock Road Paving, Contract No. 395, be received and placed on file. M ion carried. .� August 20, 1990 Page 7 New Business - continued 96266 - Moved by Wright, seconded by Brown that plans, specifications, form of contract, etc., for the F.Y. 1991 Big Rock Road Paving, Contract No. 395, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-501. 96267 - Moved by Wright, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 4, 1990, at 7:00 p.m. in the City Hall Council Chambers for the F.Y. 1991 Big Rock Road Paving, Contract No. 395", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-502. 96268 - Moved by Wright, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1990 Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388, be received and placed on file. Motion carried. 96269 - Moved by Wright, seconded by Brown that plans, specifications, form of contract, etc., for the F.Y. 1990 Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-503. 96270 - Moved by Wright, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 10, 1990 at 7:00 p.m. in the City Hall Council Chambers for the F.Y. 1990 Water Pollution Control Plant, Sludge Dewatering Improvements, Contract No. 388", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-504. 96271 - Moved by Wright, seconded by Brown that communication from Planning and Development Director transmitting request of Koehring Machinery Center for an additional reimbursement of $2,500 to extend the sewer west across the entire property frontage on Big Rock Road, together with recommendation of approval, be received, placed on file and "Resolution approving said additional reimbursement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-505. Travel Requests 96272 - Moved by Budak, seconded by Brown that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bruce Bottorff, Superintendent of Water Pollution Control, to attend Hazardous/Toxic Waste Management Workshop in Cedar Rapids, Iowa on September 10 and 11, 1990, with costs not to exceed $624.50, including the use of City vehicle. Motion carried. August 20, 1990 Page 8 MISCELLANEOUS 96273 - Moved by Budak, seconded by Brown that the following beer license permit application transfer, be received, placed on file and approved and the endorsed application forwarded to the Iowa Beer & Liquor Control Department and application for temporary beer garden, be received, placed on file and approved: 1. Beer License Permit Application Transfer Class C Waterloo Diamonds to Lincoln Park for UpDowntown Saturday Night on August 25, 1990 Application for Temporary Beer Garden Waterloo Diamonds, Lincoln Park, (1 day --August 25, 1990) Motion carried. BONDS 96274 - Moved Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 20, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96275 - Kathy Oberle, 710 Forest Avenue, read a statement from Black Hawk County citizens against the local option sales tax. 96276 - Assistant City Attorney Tim Luce stated that labor negotiations are an approved topic of Executive Session as authorized by Iowa Code, Chapter 20.16. Moved by Buck, seconded by Dell that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 96277 - Moved by Buck, seconded by Wright that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. 96278 - Moved by Buck, seconded by Dell that the above oral comments be received and placed on file and the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor