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HomeMy WebLinkAbout07/02/90July 2, 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 July 2, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Bown. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Councilperson Dave Buck 95953 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on July 2, 1990, at 7:00 p.m., and the Minutes of the Regular Session on June 25, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95954 - Moved by Angel, seconded by Fox that proof of publication of notice of public hearing on plans, specifications, etc., on the F.Y. 1990 Water Pollution Control Plant Improvements, Phase I, Step 2, Immediate Clarifier and Pump Station, Contract No. 387, at published in the Waterloo Courier on June 15, 1990, be received and placed on file. Motion carried. 95955 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 95956 - Moved by Brown, seconded by Budak 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. 1990-399. Moved by Fox, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of bid on July 9, 1990): Bidder E. B. Spencer Company, Waterloo, IA Kehe Construction Company, Waverly, IA Motion carried. Bid Bond 5% 5% Bid Amount $1,417,000.00 $1,593,987.00 95957 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on F.Y. 1990 Broadway and Conger Traffic Safety Improvements, Contract No. 394, as published in the Waterloo Courier on June 18, 1990, be received and placed on file. Motion carried. 95958 - Moved by Buck, seconded by Budak that "Resolution rescheduling a new form of contract, etc. and taking of City Hall Council Chambers on F.Y. Improvements Project, Contract No. instructed to publish notice of same Resolution adopted and upon approval date of hearing on plans, specifications, bids as July 16, 1990, at 7:00 p.m. in the 1990 Broadway and Conger Traffic Safety 394", be adopted and City Clerk/Auditor . Ayes: Seven. by Mayor assigned No. 1990-400. July 2, 1990 Page 2 HEARINGS 95959 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of Iowa Department of Transportation to vacate street right-of-way generally located between Washington and Bluff Streets, portions of Bluff Street between West Mullan Avenue and West First Street and between West First and West Second Streets, as published in the Waterloo Courier on June 18, 1990, be received and placed on file. Motion carried. 95960 - 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 Fox 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. 95961 - Moved by Budak, seconded by Wright that "an Ordinance vacating street right-of-way generally located between Washington and Bluff Streets, portions of Bluff Street between West Mullan Avenue and West First Street and between West First and West Second Streets", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95962 - Moved by Dell, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95963 - Moved by Fox, 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. 95964 - Moved by Wright, seconded by Brown that "an Ordinance vacating street right-of-way generally located between Washington and Bluff Streets, portions of Bluff Street between West Mullan Avenue and West First Street and between West First and West Second Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3719. 95965 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Cora Turner and Frank Miller to vacate, sell and convey the unimproved alley generally located in Rose Hill Replat, as published in the Waterloo Courier on June 15, 1990, be received and placed on file. Motion carried. 95966 - 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 the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 95967 - Moved by Angel, seconded by Wright that "an Ordinance vacating the unimproved alley generally located in Rose Hill Replat", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. July 2, 1990 Page 3 Hearings - continued 95968 - Moved by Brown, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95969 - Moved by Buck, 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. 95970 - Moved by Fox, seconded by Wright that "an Ordinance vacating the unimproved alley generally located in Rose Hill Replat", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3720. 95971 - Moved by Wright, seconded by Angel that "Resolution authorizing sale and conveyance of the unimproved alley generally located in Rose Hill Replat to Cora Turner and Frank Miller", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-401. 95972 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on request of Michael Galer to vacate three feet of the eight foot platted utility easement generally located along the south lot line of 1633 Golden Valley Drive, as published in the Waterloo Courier on June 22, 1990, be received and placed on file. Motion carried. 95973 - 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 Fox 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. 95974 - Moved by Budak, seconded by Dell that "an Ordinance vacating a portion of the eight foot platted utility easement generally located along the south lot line of 1633 Golden Valley Drive", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95975 - Moved by Fox, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95976 - Moved by Dell, 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. 95977 - Moved by Angel, seconded by Dell that "an Ordinance vacating a portion of the eight foot platted utility easement generally located along the south lot line of 1633 Golden Valley Drive", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3721. July 2, 1990 Page 4 Hearings - continued 95978 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Curt Hill to vacate a portion of the platted utility easement generally located along the east lot line of 1215 Maxine Avenue, as published in the Waterloo Courier on June 22, 1990, be received and placed on file. Motion carried. 95979 - 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 Dell 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. 95980 - Moved by Buck, seconded by Wright that "an Ordinance vacating a portion of the platted utility easement generally located along the east lot line of 1215 Maxine Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95981 - Moved by Dell, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95982 - Moved by Brown, seconded by Angel 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. 95983 - Moved by Budak, seconded by Wright that "an Ordinance vacating a portion of the platted utility easement generally located along the east lot line of 1215 Maxine Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3722. 95984 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Mr. and Mrs. David Aylsworth to vacate a portion of the platted utility easements generally located along the west lot line of Lots 81 and 82 in Heartland Hills Second Addition, as published in the Waterloo Courier on June 22, 1990, be received and placed on file. Motion carried. 95985 - 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 Dell, seconded by Fox 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. 95986 - Moved by Buck, seconded by Brown that "an Ordinance vacating a portion of the platted utility easements generally located along the west lot line of Lots 81 and 82 in Heartland Hills Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95987 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Nays: Dell. Motion carried. July 2, 1990 Page 5 Hearings - continued 95988 - Moved by Brown, seconded by Fox 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. 95989 - Moved by Buck, seconded by Wright that "an Ordinance vacating a portion of the platted utility easements generally located along the west lot line of Lots 81 and 82 in Heartland Hills Second Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3723. 95990 - Moved by Dell, seconded by Buck that proof of publication of notice of public hearing on request of Bertch Wood Specialties, Inc. to vacate the twenty foot platted utility easement which runs north -south in the Airline Burton Industrial Park, as published in the Waterloo Courier on June 22, 1990, be received and placed on file. Motion carried. 95991 - 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 Fox, seconded by Angel 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. 95992 - Moved by Brown, seconded by Dell that "an Ordinance vacating the twenty foot platted utility easement which runs north -south in the Airline Burton Industrial Park", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95993 - Moved by Wright, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 95994 - Moved by Buck, 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. 95995 - Moved by Wright, seconded by Buck that "an Ordinance vacating the twenty foot platted utility easement which runs north -south in the Airline Burton Industrial Park", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3724. PETITIONS FROM PUBLIC 95996 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting request of Ronald L. Hansen for temporary concrete driveway to be located at 311 Cornwall 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. 1990-402. July 2, 1990 Page 6 DOCUMENTS 95997 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Statement of Completion and Final Acceptance of Agreement Work for work performed by Schenk Engineering Company in conjunction with Kimball Avenue Middle, IX -6641(4)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-403. 95998 - Moved by Buck, seconded by Angel that "Resolution approving 28E Agreement with Black Hawk County for the Criminal Justice Information System (CJIS)", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-404. 95999 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Change Order No. 1 with Aspro, Inc. & Subsidiaries in conjunction with F.Y. 1990 Street Reconstruction Program, Contract No. 384, for an increase of $555.56, together with recommendation of approval, be received, placed on file and approved and Mayor and City Clerk/Auditor authorized to execute same. Motion carried. 96000 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Winmor Construction Co., Inc. in conjunction with F.Y. 1989 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-405. 96001 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Maintenance Bond from Winmor Construction Co., Inc. for F.Y. 1989 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, be received, placed on file and approved. Motion carried. RESOLUTIONS TO BE ADOPTED 96002 - Moved by Budak, seconded by Brown that "Resolution approving Annual Contributions Contract Part I for Housing Voucher Program with U.S. Department of HUD, Section 8 Existing Housing with City acting as Waterloo Housing Authority, replacing expiring Contract No. IA05-V050-001 with replacement Contract No. IA05-V050-011", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-406. 96003 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing as July 16, 1990, at 7:00 p.m. in the City Hall Council Chambers on the removal of traffic signals at the intersection of West Third Street and Locust Street", be adopted and City Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-407. July 2, 1990 Page 7 Resolutions to be Adopted - continued 96004 - Moved by Budak, seconded by Brown that "Resolution authorizing certification against property taxes certain unpaid garbage and sewer bills", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-408. ORDINANCES TO BE ADOPTED 96005 - The Mayor announced that the time had arrived for discussion on the third reading of fire inspection fees. Councilperson Fox stated that he supported the reduction in fire inspection fees for all business owners and agreed that revenue is still needed to support the operations of the Fire Department. He also reported that since there have not been any great opposition by small businesses or the Chamber of Commerce to the continuation, he would support the ordinance. He stated that the Council should be made aware that the ordinance could be brought back for reconsideration at any time if requested by business owners. Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 14-59, Fees Established, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Subsection 14-59, Fees, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Life Safety Code)", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 96006 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 14-59, Fees Established, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Subsection 14-59, Fees, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Life Safety Code)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3725. NEW BUSINESS 96007 - Moved by Fox, seconded by Angel that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify $1,315.60 against property located at 1011 Logan Avenue for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-409. 96008 - Moved by Fox, seconded by Angel that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify $936.00 against property located at 327 Webster Street for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-410. 96009 - Moved by Fox, seconded by Angel that communication from Director of Parks and Forestry transmitting recommendation of appointment of Craig Zanatta to the position of Park Maintenance II - Forestry Department, and Dave Christians and Mark Such to the position of Golf Maintenance III, effective July 3, 1990, be received, placed on file and approved. Motion carried. July 2, 1990 Page 8 MISCELLANEOUS 96010 - Moved by Buck, seconded by Budak that the following beer and liquor licenses, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for junk dealer's licenses, automobile salvage yards and cigarette licenses, be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Zodiac, 319 Jefferson Street (Renewal) (Expires 7/18/91) Chuck's Lounge, 1428 East 4th Street (New Owner) (Expires 7/4/91) Application for Junk Dealer's License Weissman Iron & Metal, Inc., 700 Falls Avenue (Yard --700 Falls Avenue Application for Automobile Salvage Yard Northside Auto Salvage, RR 1, Traer, IA (Yard --821 Dearborn Avenue) Stuber Enterprises, 501 Evergreen (Yard --275 Rampart Lane) Pierce's Used Cars, 1410 West 4th (Yard --1500 Commercial Street) Cigarette License Permit Applications One Hundred Forty (140) Motion carried. BONDS 96011 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 2, 1990, be received, placed on file and approved. Motion carried. ORAL PRESENTATIONS 96012 - Richard Gleason, President of the International Association of Machinist Local 1318, residing at 137 Greenwood Avenue, criticized the behavior of the Waterloo Police Department during several incidents involving the Chamberlain Manufacturing strike. He stated that the police allowed unlicensed truck drivers into the plant. He also stated that the City of Waterloo has taken sides in the strike by the Department's behavior and that the police "descended" upon the strikers. Police Chief Bernal Koehrsen stated that the Police Officers were there to protect both the rights of the employees and employers and have not chosen sides on the issue. He also stated that effective today the Department will cease escorting trucks to and from the plant. Chief Koehrsen sympathized with the strikers concerning their frustrations and length of strike and reiterated the Department's intent to remain neutral and unbiased in their actions. Dave Burman, 1103 Vine Street, asked for an explanation concerning the water leak at the intersection of East Fourth and Almond Streets. Reed Craft, Manager of the Waterloo Water Works, stated that the property owner had been notified to repair the service line to the home. Steve Hazlet complained of the Police Department's action concerning the Chamberlain Manufacturing strike in the incident involving the alleged shoving of his daughter by a Police Department member. Chief Koehrsen and Mayor McKinley defended the actions of the Police Department and stated that this matter would be solved at some other time and place. Elaine Jaquith, 3148 Marigold Drive, expressed her excitement with the live baby birds that have been born in her yard this year. She attributed it to less and less people using lawn chemicals. She asked whether or not the City felt challenged by a recent Iowa Supreme Court ruling stating that local governments could not enact their own restrictions on pesticide use because state and federal officials already control those chemicals. Mayor McKinley stated that the City did not feel threatened by such an action. July 2, 1990 Page 9 Moved by Buck, that the above Council adjourn seconded by Angel oral presentations be received, placed on file and the City . Motion carried. Larry P. Burger City Attorney