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HomeMy WebLinkAbout08/06/90August 6, 1990 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:OQ p.m. on August 6, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak. Absent: Dell, Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: John Meyer, Public Works Director 96139 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on August 6, 1990, at 7:00 p.m., and the Minutes of the Regular Session on July 23, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 96140 - Moved by Fox, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, etc., for the F.Y. 1991 Independence Avenue Area Storm Sewer Improvements - Phase 3, Contract No. 393, as published in the Waterloo Courier on July 20, 1990, be received and placed on file. Motion carried. 96141 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Moved by Wright, seconded by Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-447. 96142 - Moved by Buck, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (See CR 96178 for award of bid): Bidder Bid Bond Bid Amount Rampart Corporation, Waterloo, IA 5% $154,282.00 Motion carried. HEARINGS 96143 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on request of John Deere Community Credit Union to sell and convey property located adjacent to 1827 Ansborough Avenue and Highway 63, as published in the Waterloo Courier on July 20, 1990, be received and placed on file. Motion carried. 96144 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written comments and there were none. Moved by Wright, seconded by Angel that "Resolution authorizing sale and conveyance of property generally located adjacent to 1827 Ansborough Avenue and Highway 63 to John Deere Community Credit Union", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-448. August 6, 1990 Page 2 Hearings - continued 96145 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Irene Moody to vacate the sidewalk adjoining property at 930 Kingsley Avenue, as published in the Waterloo Courier on July 27, 1990, be received and placed on file. Motion carried. 96146 - HOLD HEARING --This being the time and place of public hearing, the Mayor called• for written and oral objections. Dan Moody, 930 Kingsley Avenue and representing requestor Irene Moody, stated that this is the only sidewalk on the north side of Kingsley Avenue from Drexel Avenue to the west and that there are no sidewalks on the south side of Kingsley Avenue. He supported the request for vacation. Moved by Fox, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. 96147 - Moved by Fox, seconded by Angel that "an Ordinance vacating the sidewalk adjoining property at 930 Kingsley Avenue", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Brown. Motion carried. PETITIONS FROM PUBLIC 96148 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request of David Rapp to vacate the eight foot platted utility easement located along the west lot line of property located at 1539 Oriole Avenue, be received, placed on file and "Resolution setting date of hearing as August 20, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five.; Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-449. DOCUMENTS 96149 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 1 with Cedar Valley Corporation for F.Y. 1991 Sidewalk Repair Program - Zone 2, Contract No. 396, for a net increase of $7,672.31, together with recommendation of approval, be received, placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. 96150 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 1 with Aspro, Inc. & Subsidiaries for F.Y. 1990 LaPorte Road Repair and Overlay Program, Contract No. 359, for a net increase of $5,770.00, together with recommendation of approval, be received, placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. 96151 - Moved by Buck, seconded by Wright that communication from Clerk/Auditor transmitting an agreement for interior design services with INTRA of Waterloo, Iowa for redecoration of Five Sullivan Brothers Convention Center, together with recommendation of approval of the Finance Committee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-450. August 6, 1990 Page 3 Documents - continued 96152 - Don Temeyer, Planning and Development Director, stated that the property proposed to be purchased from the Iowa Department of Transportation is located in the East Lake area of the Chain of Lakes. If approved, the City may in the future consider trading the mineral rights to the Brinker family for property located on the westerly side of Greenhill Road. Moved by Buck, seconded by Wright that communication from Planning and Development Director transmitting offer to buy form to purchase 17.13 acres of land generally located in the East Lake area of the Chain of Lakes from the Iowa Department of Transportation for $8,565.00, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-451. 96153 - Moved by Buck, seconded by Wright that communication from Transportation Program Manager transmitting Agreement No. 90-F-016 with the Iowa Department of Transportation for reimbursement of construction costs for West Shaulis Road Reconstruction (Highway 63 to Ansborough Avenue), M-6470(5)--81-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-452. 96154 - Moved by Buck, seconded by Wright that communication from City Planner transmitting Final Plat of Regency Estates, 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 Final Plat", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-453. 96155 - Moved by Buck, seconded by Wright that communication from Police Chief transmitting 28E Agreement with the City of Cedar Falls for joint law enforcement services, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-454. 96156 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting agreement with Tower Park Partnership for payment of costs of public improvement in conjunction with the development of Tower Park, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-455. 96157 - Moved by Buck, seconded by Wright that communication from Director of Parks and Forestry transmitting an application for Resource Enhancement and Protection Program (REAP) funds to be used for demolition of Emerson and Whittier Schools to be used for parks, be received, placed on file, and "Resolution authorizing said application", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-456. August 6, 1990 Page 4 Documents - continued 96158 - Moved by Buck, seconded by Wright that communication from Public Works Director transmitting recommendation of award of contract to Komline-Sanderson for belt filter presses for the Wastewater Treatment Facility, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-457. RESOLUTIONS TO BE ADOPTED 96159 - Moved by Fox, seconded by Angel that "Resolution setting date of hearing as August 20, 1990, at 7:00 p.m. in the City Hall Council Chambers on the request of Steamboat Garden, Inc. to purchase a portion of former Cleveland Street excess right-of-way generally located directly adjacent to property located at 1740 Falls Avenue for use as additional parking", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-458. 96160 - Moved by Fox, seconded by Angel that communication from Community Development Administrator transmitting Warranty Deed for property located at 2312 Plainview Street, be received, placed on file and "Resolution approving said warrant deed", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-459. 96161 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager requesting authorization to proceed with condemnation proceedings for properties in conjunction with Sixth Street Extension, (West Segment), IX -6604(3)--79-07, be received, placed on file and "Resolution authorizing said condemnation proceedings", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-460. 96162 - Moved by Fox, seconded by Angel that "Resolution authorizing resubmission of an application to the Iowa Department of Economic Development for Community Economic Betterment Account Funding for KY Railquip, Inc.", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-461. ORDINANCES TO BE ADOPTED 96163 - Michelle Temeyer, Deputy Clerk/Auditor, reported that members of the Police and Fire Department and Clerk/Auditor's office had met to discuss the billing for the fire alarm fees. It was the staff's recommendation that the City not undertake the billing process for the alarm fees. In conversing with representatives of alarm companies today, they have agreed to bill their customers for the annual fee and charge an additional $2 to their customers for this service. It was reported that this $2 fee would be an administrative charge that would not require approval by the City since we would not be collecting it. Moved by Budak, seconded by Wright that "an Ordinance regulating fire alarms, alarm businesses, alarm agents and alarm users", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Brown. Motion carried. August 6, 1990 Page 5 BILLS PAYMENT 96164 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-27, in the amount of $927,070.73, dated July 23, 1990 and Schedule A918, pp. 1-50, in the amount of $517,753.38, dated August 6, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-462. NEW BUSINESS 96165 - Moved by Buck, seconded by Budak to instruct City Engineer to prepare specifications, form of contract, etc., for the F.Y. 1991 Sidewalk Repair Block Grant Program --Zone 2, Contract No. 398, be received and placed on file. Motion carried. 96166 - Moved by Buck, seconded by Budak that specifications, form of contract, etc., for the F.Y. 1991 Sidewalk Repair Block Grant Program --Zone 2, Contract No. 398, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-463. 96167 - Moved by Buck, seconded by Budak that "Resolution setting date of hearing on specifications, form of contract, etc., and taking of bids as August 27, 1990, at 7:00 p.m. in the City Hall Council Chambers for the F.Y. 1991 Sidewalk Repair Block Grant Program --Zone 2, Contract No. 398", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-464. 96168 - Moved by Buck, seconded by Budak to instruct the 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. Motion carried. 96169 - Moved by Buck, seconded by Budak 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 same", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-465. 96170 - Moved by Buck, seconded by Budak that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 27, 1990, at 7:00 p.m. in the City Hall Council Chambers on the F.Y. 1991 Big Rock Road Paving, Contract No. 395", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-466. 96171 - Moved by Buck, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Don Temeyer to the Metropolitan Transit Authority Board of Directors for another three year term, with term expiration date of July 1, 1993, be received, placed on file and approved. Motion carried. August 6, 1990 Page 6 New Business - continued 96172 - Moved by Buck, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Marvin K. Robinson to the Metropolitan Transit Authority Board of Directors, effective immediately, with term expiration date of July 1, 1993, be received, placed on file and approved. Motion carried. 96173 - Moved by Buck, seconded by Budak that communication from Street Superintendent transmitting recommendation of appointment of Alan Mills to the position of Equipment Operator II, effective August 7, 1990 and appointment of Willie Richmond to the position of Equipment Operator I, effective August 20, 1990, be received, placed on file and approved. Motion carried. 96174 - Moved by Buck, seconded by Budak that communication from Director of Recreation and Arts Commission transmitting recommendation of appointment of Sherri Lee to the position of Therapeutic Recreation Specialist, effective August 13, 1990, be received, placed on file and approved. Motion carried. Travel Requests 96175 - The Mayor announced that the Human Rights Commission's staff has already traveled to Kansas City and are now requesting approval for reimbursement of these expenses. He reported that he has spoken to the Department to assure that this does not happen again in the future. Moved by Buck, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Kehoe, Chief Electrical Inspector, to attend Western Section IAEI 86th Annual meeting in St. Charles, Illinois, on September 23-26, 1990, with costs not to exceed $691.90, including the use of City vehicle. 2. Harold Waschkat, Chief Plumbing Inspector, to attend Annual Education and Business Conference of International Association of Plumbing and Mechanical Officials in Boise, Idaho on September 23-27, 1990, with costs not to exceed $1,254.00. 3. Thomas Jennings, Police Sergeant, to attend Mid -States Organized Crime Information Annual Conference & Training Session in Springfield, Missouri on September 25-27, 1990, with costs not to exceed $350.11, including the use of City vehicle. 4. Jack Lockett, Police Sergeant, and John Woods, Police Officer, to attend Instructor Development Seminar in Grand Island, Nebraska on August 6-10, 1990, with costs not to exceed $239.00, including the use of City vehicle. 5. Steven Bagenstos, Police Investigator, to attend Practical Application of Surveillance Equipment School in Council Bluffs, Iowa on September 11-13, 1990, with costs not to exceed $195.60, including the use of City vehicle. 6. Bob Stevenson, City Planner, and Rich Earles, Neighborhood Planner, to attend 1990 Upper Midwest Regional APA Conference in Iowa City, Iowa on September 24-26, 1990, with costs not to exceed $162.50 each, including the use of City vehicle. 7. Betty Jean Furgerson, Human Rights Director, Patricia Reed, Human Rights Specialist, and James Boyd, Human Rights Specialist, to attend Disability/Handicap Training Seminar in Kansas City, Missouri, on August 2-3, 1990, with costs not to exceed $1,001.50. 8. John Meyer, Public Works Director, to attend the American Public Works Association Iowa Chapter Annual Fall Meeting in Cedar Rapids, Iowa, on August 15-17, 1990, with costs not to exceed $272.00. August 6, 1990 Page 7 Travel Requests - continued 9. John Meyer, Public Works Director, and Tony Sulentic, Sanitation Foreman, to attend the Iowa Solid Waste Management Conference in Des Moines, Iowa on October 29-30, 1990, with costs not to exceed $319.40. Motion carried. MISCELLANEOUS 96176 - Moved by Buck, 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 and applications for cigarette license permit applications, be received, placed on file and approved: 1. Beer License Permit Application Class C Robinson's Market, 2324 Idaho Street (New) (Expires 8/8/91) (Includes Sunday Sales) Boleyn's Grocery, 319 Edwards (Renewal) (Expires 8/28/91) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Varly Drug, 908 LaPorte Road (Renewal) (Expires 8/31/91) (Includes Sunday Sales) Quik Trip, 117 San Marnan Highway (Renewal) (Expires 9/4/91) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Pizza Pub, 504 Riehl Street (Renewal) (Expires 8/13/91) (Includes Sunday Sales) Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/23/91) 929 Tap, 929 West 5th Street (Renewal) (Expires 9/1/91) Bandits, 1927 Jefferson Street (Renewal) (Expires 8/7/91) (Includes Sunday Sales) Nino's, 3551 University Avenue (Renewal) (Expires 8/20/91) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Independence Avenue Liquor, 1825 Independence Avenue (Renewal) (Expires 8/13/91) (Includes Sunday Sales) Cigarette License Permit Application Four (4) Motion carried. BONDS 96177 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 6, 1990, be received, placed on file and report and bonds approved. Motion carried. 96178 - Eric Thorson, City Engineer, reported that the bid of Rampart Corporation was in order and recommended its approval (See CR 96142 for bid tabulation). The minority participation goal for the project was 5 percent and the female participation goal was 1 percent. Rampart has included a 5.3 percent minority participation and no female participation. Attempts to contact female subcontractors were unsuccessful. The Contract Compliance Officer has reviewed these participation requirements and recommends their approval. August 6, 1990 Page 8 Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to Rampart Corporation of Waterloo, Iowa, in the amount of $154,282.00 in conjunction with F.Y. 1991 Independence Avenue Area Storm Sewer Improvements - Phase 3, Contract No. 393", be adopted. Ayes: Five. Absent: Dell, Brown. Resolution adopted and upon approval by Mayor assigned No. 1990-467. ADJOURNMENT 96179 - Moved by Buck, seconded by Wright that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk/Auditor